Indian Divorce Act 1869 (full text)

Indian Divorce Act 1869

Table of Contents

The Indian Divorce Act 1869 is an Act to amend the law relating to Divorce and Matrimonial Causes.

Preamble

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:—

Chapter I – PRELIMINARY (Sec. 1-3)

Section 1 Indian Divorce Act – Short title.

Commencement of Act.

Section 2 Indian Divorce Act – Extent of Act.
Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity.

Section 3 Indian Divorce Act – Interpretation-clause

Chapter II – JURISDICTION (Sec. 4-9)

Section 4 Indian Divorce Act – Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception.

Section 5 Indian Divorce Act – Enforcement of decrees or orders made heretofore by Supreme or High Court.

Section 6 Indian Divorce Act – Pending suits.

Section 7 Indian Divorce Act – . [Omitted.].

Section 8 Indian Divorce Act – Extraordinary jurisdiction of High Court.
Power to transfer suits.

Section 9 Indian Divorce Act – Reference to High Court

Chapter III – DISSOLUTION OF MARRIAGE (Sec. 10-17A)

Section 10 Indian Divorce Act – Grounds for dissolution of marriage

Section 10A Indian Divorce Act – Dissolution of marriage by mutual consent.

Section 11 Indian Divorce Act – Adulterer to be co-respondent.

Section 12 Indian Divorce Act – Court to be satisfied of absence of collusion.

Section 13 Indian Divorce Act – Dismissal of petition.

Section 14 Indian Divorce Act – Power to Court to pronounce decree for dissolving marriage.
Condonation.

Section 15 Indian Divorce Act – Relief in case of opposition on certain grounds.

Section 16 Indian Divorce Act – Decrees for dissolution to be nisi.
Collusion

Section 17 Indian Divorce Act – Confirmation of decree for dissolution by District Judge.

Section 17A Indian Divorce Act – [Omitted.].

Chapter IV – NULLITY OF MARRIAGE (Sec. 18-21)

Section 18 Indian Divorce Act – Petition for decree of nullity.

Section 19 Indian Divorce Act – Grounds of decree.

Section 20 Indian Divorce Act – [Omitted.].

Section 21 Indian Divorce Act – Children of annulled marriage

Chapter V – JUDICIAL SEPARATION (Sec. 22-25)

Section 22 Indian Divorce Act – Bar to decree for divorce a mensd et toro; but judicial separation obtainable by husband or wife.

Section 23 Indian Divorce Act – Application for separation made by petition

Section 24 Indian Divorce Act – Separated wife deemed spinster with respect to after-acquired property

Section 25 Indian Divorce Act – Separated wife deemed spinster for purposes of contract and suing

Reversal of Decree of Separation

Section 26 Indian Divorce Act – Decree of separation obtained during absence of husband or wife may be reversed.

Chapter VI – PROTECTION-ORDERS (Sec. 27-31)

Section 27 Indian Divorce Act – Deserted wife may apply to court for protection

Section 28 Indian Divorce Act – Court may grant protection-order

Section 29 Indian Divorce Act – Discharge or variation of orders.

Section 30 Indian Divorce Act – Liability of husband seizing wife’s property after notice of order.

Section 31 Indian Divorce Act – Wife’s legal position during continuance of order.

Chapter VII – RESTITUTION OF CONJUGAL RIGHTS (Sec. 32-33)

Section 32 Indian Divorce Act – Petition for restitution of conjugal rights.

Section 33 Indian Divorce Act – Answer to petition.

Chapter VIII – DAMAGES AND COSTS (Sec. 34-35)

Section 34 Indian Divorce Act – [Omitted.].

Section 35 Indian Divorce Act – [Omitted.].

Chapter IX – ALIMONY (Sec. 36-38)

Section 36 Indian Divorce Act – Alimony pendente lite.

Section 37 Indian Divorce Act – Power to order permanent alimony.
Power to order monthly or weekly payments.

Section 38 Indian Divorce Act – Court may direct payment of alimony to wife or to her trustee.

Chapter X – SETTLEMENTS (Sec. 39-40)

Section 39 Indian Divorce Act – [Omitted.].

Section 40 Indian Divorce Act – Inquiry into existence of ante-nuptial or post-nuptial settlements.

Chapter XI – CUSTODY OF CHILDREN (Sec. 41-44)

Section 41 Indian Divorce Act – Power to make orders as to custody of children in suit for separation

Section 42 Indian Divorce Act – Power to make such orders after decree.

Section 43 Indian Divorce Act – Power to make orders as to custody of children in suits for dissolution or nullity.

Section 44 Indian Divorce Act – Power to make such orders after decree or confirmation

Chapter XII – PROCEDURE (Sec. 45-56)

Section 45 Indian Divorce Act – Code of Civil Procedure to apply.

Section 46 Indian Divorce Act – Forms of petitions and statements.

Section 47 Indian Divorce Act – Petition to state absence of collusion.
Statements to be verified.

Section 48 Indian Divorce Act – Suits on behalf of lunatics.

Section 49 Indian Divorce Act – Suits by minors.

Section 50 Indian Divorce Act – Service of petition.

Section 51 Indian Divorce Act – Mode of taking evidence.

Section 52 Indian Divorce Act – Competence of husband and wife to give evidence as to cruelty or desertion

Section 53 Indian Divorce Act – Power to close doors.

Section 54 Indian Divorce Act – Power to adjourn.

Section 55 Indian Divorce Act – Enforcement of, and appeals from, orders and decrees.
No appeal as to costs.

Section 56 Indian Divorce Act – Appeal to the Supreme Court

Chapter XIII – RE-MARRIAGE (Sec. 57-59)

Section 57 Indian Divorce Act – Liberty to parties to marry again.

Section 58 Indian Divorce Act – English clergyman not compelled to solemnize marriages of persons divorced for adultery.

Section 59 Indian Divorce Act – English Minister refusing to perform ceremony to permit use of his Church.

Chapter XIV – MISCELLANEOUS (Sec. 60-62)

Section 60 Indian Divorce Act – Decree for separation or protection-order valid as to persons dealing with wife before reversal.
Indemnity of persons making payment to wife without notice of reversal of decree or
protection-order.

Section 61 Indian Divorce Act – Bar of suit for criminal conversation

Section 62 Indian Divorce Act – Power to make rules.

SCHEDULE OF FORMS

(Not available)

Section 62 Indian Divorce Act 1869

Section 62 Indian Divorce Act

Section 62 of the Indian Divorce Act 1869 is about Power to make rules. It is under CHAPTER XIV (MISCELLANEOUS) of the Act.

Power to make rules

The High Court shall make such rules under this Act as it may from time to time consider expedient, and may from time to time alter and add to the same:

Provided that such rules, alterations and additions are consistent with the provisions of this Act and the ¹[Code of Civil Procedure, 1908 (5 of 1908)].

All such rules, alteration and additions shall be published in the Official Gazette.

Section 61 Indian Divorce Act 1869

Section 61 Indian Divorce Act

Section 61 of the Indian Divorce Act 1869 is about Bar of suit for criminal conversation. It is under CHAPTER XIV (MISCELLANEOUS) of the Act.

Bar of suit for criminal conversation

After this Act comes into operation, no person competent to present a petition under sections 2 and 10 shall maintain a suit for criminal conversation with his wife.

Section 60 Indian Divorce Act 1869

Section 60 Indian Divorce Act

Section 60 of the Indian Divorce Act 1869 is about Decree for separation or protection-order valid as to persons dealing with wife before reversal. It is under CHAPTER XIV (MISCELLANEOUS) of the Act.

Decree for separation or protection-order valid as to persons dealing with wife before reversal

Every decree for judicial separation or order to protect property, obtained by a wife under this Act shall, until reversed or discharged, be deemed valid, so far as necessary, for the protection of any person dealing with the wife.

No reversal, discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order, and of the reversal, discharge or variation thereof.

Indemnity of persons making payment to wife without notice of reversal of decree or protection order.— All persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued,

unless, at the time of the payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation.

Section 59 Indian Divorce Act 1869

Section 59 Indian Divorce Act

Section 59 of the Indian Divorce Act 1869 is about English Minister refusing to perform ceremony to permit use of his Church. It is under CHAPTER XIII (RE-MARRIAGE) of the Act.

English Minister refusing to perform ceremony to permit use of his Church

When any Minister of any Church or Chapel of the said ¹ *** Church refuses to perform such marriage-service between any persons who but for such refusal would be entitled to have the same service performed in such Church or Chapel, such Minister shall permit any other Minister in Holy Orders of the said Church, entitled to officiate within the diocese in which such Church or Chapel is situate, to perform such marriage-service in such Church or Chapel.

Section 58 Indian Divorce Act 1869

Section 58 Indian Divorce Act

Section 58 of the Indian Divorce Act 1869 is about English clergyman not compelled to solemnize marriages of persons divorced for adultery. It is under CHAPTER XIII (RE-MARRIAGE) of the Act.

English clergyman not compelled to solemnize marriages of persons divorced for adultery

No clergyman in Holy Orders of the ¹ *** Church of England ² *** shall be compelled to solemnize the marriage of any-person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person.

Section 57 Indian Divorce Act 1869

Section 57 Indian Divorce Act

Section 57 of the Indian Divorce Act 1869 is about Liberty to parties to marry again. It is under CHAPTER XIII (RE-MARRIAGE) of the Act.

Liberty to parties to marry again

Where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the Supreme Court or an appeal has been presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again.

Section 56 Indian Divorce Act 1869

Section 56 Indian Divorce Act

Section 56 of the Indian Divorce Act 1869 is about Appeal to the Supreme Court. It is under CHAPTER XII (PROCEDURE) of the Act.

Appeal to the Supreme Court

Any person may appeal to ¹[the Supreme Court] from any decree (other than a decree nisi) or order under this Act of a High Court made on appeal or otherwise, and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court, when the High Court declares that the case is a fit one for appeal to ¹[the Supreme Court.]

Section 55 Indian Divorce Act 1869

Section 55 Indian Divorce Act

Section 55 of the Indian Divorce Act 1869 is about Enforcement of, and appeals from, orders and decrees. It is under CHAPTER XII (PROCEDURE) of the Act.

Enforcement of, and appeals from, orders and decrees

All decrees and orders made by the Court in any suit or proceedings under this Act shall be enforced and may be appealed from, in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction are enforced and may be appealed from, under the laws, rules and orders for the time being in force:

No appeal as to costs.—²[Provided] that there shall be no appeal on the subject of costs only.

Section 54 Indian Divorce Act 1869

Section 54 Indian Divorce Act

Section 54 of the Indian Divorce Act 1869 is about Power to adjourn. It is under CHAPTER XII (PROCEDURE) of the Act.

Power to adjourn

The Court may, from time to time, adjourn the hearing of any petition under this Act, and may require further evidence thereon if it sees fit so to do.