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Indian Divorce Act, 1869

[Act No. 4 of Year 1869, dated 26-2-1869]

Sections Particulars
I Preliminary
1 Short title, commencement of the Act
2 Extent of Act
3 Interpretation clause
II Jurisdiction
4 Matrimonial jurisdiction of High Courts to be exercised subject to Act - Exception
5 Enforcement of decrees or orders made heretofore by Supreme Court or High Court
6 Pending suits
7 Court to act on principles of English Divorce Court
8 Extraordinary jurisdiction of High Court
9 Reference to High Court
III Dissolution Of Marriage
10 When husband may petition for dissolution
11 Adulterer to be co-respondent
12 Court to be satisfied of absence of collusion
13 Dismissal of petition
14 Power to court to pronounce decree for dissolving marriage
15 Relief in case of opposition on certain grounds
16 Decrees for dissolution to be nisI
17 Confirmation of decree for dissolution by District Judge
17A Appointment of officer to exercise duties of King's Proctor
IV Nullity Of Marriage
18 Petition for decree of nullity
19 Grounds of decree
20 Confirmation of District Judge's decree
21 Children of annulled marriage
V Judicial Separation
22 Bar to decree for divorce a mensa et toro but judicial separation obtainable by husband or wife
23 Application for separation made by petition
24 Separated wife deemed spinster with respect to after- acquired property
25 Separated wife deemed spinster for purposes of contract and suing
26 Decree of separation obtained during absence of husband or wife may be reversed
VI Protection-Orders
27 Deserted wife may apply to court for protection
28 Court may grant protection order
29 Discharge or variation of orders
30 Liability of husband seizing wife's property after notice of order
31 Wife's legal position during continuance of order
VII Restitution Of Conjugal Rights
32 Petition for restitution of conjugal rights
33 Answer to petition
VIII Damages And Costs
34 Husband may claim damages from adulterer
35 Power to order adulterer to pay costs
IX Alimony
36 Alimony pendente lite
37 Power to order permanent alimony
38 Court may direct payment of alimony to wife or to her trustee
X Settlements
39 Power to order settlement of wife's property for benefit of husband and children
40 Inquiry into existence of ante-nuptial or post-nuptial settlements
XI Custody Of Children
41 Power to make orders as to custody of children in suits for separation
42 Power to make such orders after decree
43 Power to make orders as to custody of children in suits for dissolution or nullity
44 Power to make such orders after decree or confirmation
XII Procedure
45 Code of Civil Procedure to apply
46 Forms of petitions and statements
47 Stamp on petition-Petition to state absence of collusion
48 Suits on behalf of lunatics
49 Suits by minors
50 Service of petition
51 Mode of taking evidence
52 Competence of husband and wife to give evidence as to cruelty or desertion
53 Power to close doors
54 Power to adjourn
55 Enforcement of, and appeal from, orders and decrees
56 Appeal to the Supreme Court
XIII Re-Marriage
57 Liberty to parties to marry again
58 English clergyman not compelled to solemnize marriages of persons divorced for adultery
59 English Minister refusing to perform ceremony to permit use of his Church
XIV Miscellaneous
60 Decree for separation or protection- order valid as to persons dealing with wife before reversal
61 Bar of suit for criminal conversation
62 Power to make rules
Schedule Of Forms
No.1 Petition By Husband For A Dissolution Of Marriage With Damages Against Co-Respondent, By Reason Of Adultery
No.2 Respondent's Statement In Answer To No. 1
No.3 Co-Respondent's Statement In Answer To No. 1
No.4 Petition For Decree Of Nullity Of Marriage
No.5 Petition By Wife For Judicial Separation On The Ground Of Her Husband's Adultery
No.6 Statement In Answer To No. 5
No.7 Statement In Reply To No. 6
No.8 Petition For A Judicial Separation By Reason Of Cruelty
No.9 Statement In Answer To No. 8
No.10 Petition For Reversal Of Decree Of Separation
No.11 Petition For Protection Order
No.12 Petition For Alimony Pending The Suit
No.13 Statement In Answer To No. 12
No.14 Undertaking By Minor's Next Friend To Be Answerable For Respondent's Costs

An Act to amend the law relating to Divorce and Matrimonial Causes 1[* * *]

WHEREAS it is expedient to amend the law relating to the divorce of persons professing the Christian religion, and to confer upon certain courts jurisdiction in matters matrimonial; it is hereby enacted as follows:-

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