LawGlobal Hub is your innovative global resource of law and more. We ensure easy accessibility to the laws of countries around the world, among others.
Section 53 of the Indian Divorce Act 1869 is about Power to close doors. It is under CHAPTER XII (PROCEDURE) of the Act.
Power to close doors
The whole or any part of any proceeding under this Act may be heard, if the Court thinks fit, with closed doors.
Section 52 of the Indian Divorce Act 1869 is about Competence of husband and wife to give evidence as to cruelty or desertion. It is under CHAPTER XII (PROCEDURE) of the Act.
Competence of husband and wife to give evidence as to cruelty or desertion
On any petition presented, 1[by a husband or a wife, praying that his or her marriage may be dissolved by reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or desertion], the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.
Section 51 of the Indian Divorce Act 1869 is about Mode of taking evidence. It is under CHAPTER XII (PROCEDURE) of the Act.
Mode of taking evidence
The witnesses in all proceedings before the court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be examined, and may be cross-examined and re-examined, like any other witness:
Provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.
Section 50 of the Indian Divorce Act 1869 is about Service of petition. It is under CHAPTER XII (PROCEDURE) of the Act.
Service of petition
Every petition under this Act shall be served on the party to be affected thereby, either within or without 1[India], in such manner as the High Court by general or special order from time to time directs.
Provided that the court may dispense with such service altogether in case it seems necessary or expedient so to do.
Section 49 of the Indian Divorce Act 1869 is about Suits by minors. It is under CHAPTER XII (PROCEDURE) of the Act.
Suits by minors
Where the petitioner is a minor, he or she shall sue by his or her next friend to be approved by the Court; and no petition presented by a minor under this Act shall be filed until the next friend has undertaken in writing to be answerable for costs. Such undertaking 1 *** shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit.
Section 48 of the Indian Divorce Act 1869 is about Suits on behalf of lunatics. It is under CHAPTER XII (PROCEDURE) of the Act.
Suits on behalf of lunatics
When the husband or wife is a lunatic or idiot, any suit under this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by the committee or other person entitled to his or her custody.
Section 47 of the Indian Divorce Act 1869 is about Petition to state absence of collusion. It is under CHAPTER XII (PROCEDURE) of the Act.
Petition to state absence of collusion
Every petition under this Act for a decree of dissolution of marriage, or of nullity of marriage, or of judicial separation 1 *** shall 2 *** state that there is not any collusion or connivance between the petitioner and the other party to the marriage.
Statements to be verified.–The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in manner required by law for the verification of plaints, and may at the hearing be referred to as evidence.
Section 46 of the Indian Divorce Act 1869 is about Forms of petitions and statements. It is under CHAPTER XII (PROCEDURE) of the Act.
Forms of petitions and statements
The forms set forth in the Schedule to this Act, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in such Schedule.
Section 45 of the Indian Divorce Act 1869 is about Code of Civil Procedure to apply. It is under CHAPTER XII (PROCEDURE) of the Act.
Code of Civil Procedure to apply
Subject to the provisions herein contained, all proceedings under this Act between party and party shall be regulated by the 1[Code of Civil Procedure, 1908 (5 of 1908).]
Section 44 of the Indian Divorce Act 1869 is about Power to make such orders after decree or confirmation. It is under CHAPTER XI (CUSTODY OF CHILDREN) of the Act.
Power to make such orders after decree or confirmation
Where a decree of dissolution or nullity of marriage has been passed, the District Court may, upon application] by petition for the purpose, make from time to time all such orders and provisions, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents was the subject of the decree, or for placing such children under the protection of the said court, as might have been made by such decree absolute or decree (as the case may be), or by such interim orders as aforesaid.