Report No. 164

1.2. Scheme of the Act in brief.-

The Indian Divorce Act was enacted in the year 1869 "to amend the Law relating to divorce and matrimonial causes". Its application is confined to persons professing the Christian religion. Of course, it is enough even if one of the parties to the marriage professes Christian faith (see section 2). Section 10 sets out the grounds on which a decree for dissolution of marriage can be made. According to section 14, such a decree for dissolution can be granted by the "court", which expression is defined by clause 4 of section 3 to mean the High Court or the District Court, as the case may be. Section 17, however, provides:

"Every decree for a dissolution of marriage made by a District Judge shall be subject to confirmation by the High Court. Cases for confirmation of a decree for dissolution of marriage shall be heard (where the number of the judges of the High Court is three or upwards) by a Court composed of three such judges, and in case of difference the opinion of the majority shall prevail, or (where the number of the judges of the High Court is two) by a Court composed of such two judges, and in case of difference the opinion of the Senior Judge shall prevail."

Section 16 provides that where a decree for a dissolution of marriage is made by the High Court (not being a confirmation of a decree of a District Court), it shall, in the first instance, be a decree nisi not to be made absolute till after the expiration of not less than six months from the date of such decree. Section 20 provides that every decree of nullity made by a District Judge shall be subject to confirmation by the High Court in the manner provided by section 17.