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Indian Divorce Act, 1869

34. Husband may claim damages from adulterer

Any husband may, either in a petition for dissolution of marriage or for judicial separation, or in a petition of the District Court or the High Court limited to such object only, claim damages from any person on the ground of his having committed adultery with the wife of such petitioner.

Such petition shall be served on the alleged adulterer and the wife, unless the court dispenses with such service, or directs some other service to be substituted.

The damages to be recovered in any such petition shall be ascertained by the said court, although the respondents or either of them may not appear.

After the decision has been given, the court may direct in what manner such damages shall be paid or applied.

Indian Divorce Act, 1869 Back

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