Indian Divorce Act, 1869
[Act No. 4 of Year 1869, dated 26-2-1869]
| Contents | |
| 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:-