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Indian Divorce Act 1869 (full text)

Indian Divorce Act 1869

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


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 ActShort title.

Commencement of Act.

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

Section 3 Indian Divorce ActInterpretation-clause

Chapter II – JURISDICTION (Sec. 4-9)

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

Section 5 Indian Divorce ActEnforcement of decrees or orders made heretofore by Supreme or High Court.

Section 6 Indian Divorce ActPending suits.

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

See also  Section 17 Indian Patents Act 1970 (Power of Controller to make orders respecting dating of application)

Section 8 Indian Divorce ActExtraordinary jurisdiction of High Court.
Power to transfer suits.

Section 9 Indian Divorce ActReference to High Court


Section 10 Indian Divorce ActGrounds for dissolution of marriage

Section 10A Indian Divorce ActDissolution of marriage by mutual consent.

Section 11 Indian Divorce ActAdulterer to be co-respondent.

Section 12 Indian Divorce ActCourt to be satisfied of absence of collusion.

Section 13 Indian Divorce ActDismissal of petition.

Section 14 Indian Divorce ActPower to Court to pronounce decree for dissolving marriage.

Section 15 Indian Divorce ActRelief in case of opposition on certain grounds.

Section 16 Indian Divorce ActDecrees for dissolution to be nisi.

Section 17 Indian Divorce ActConfirmation 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 ActPetition for decree of nullity.

Section 19 Indian Divorce ActGrounds of decree.

Section 20 Indian Divorce Act – [Omitted.].

Section 21 Indian Divorce ActChildren 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 ActApplication for separation made by petition

Section 24 Indian Divorce ActSeparated wife deemed spinster with respect to after-acquired property

Section 25 Indian Divorce ActSeparated wife deemed spinster for purposes of contract and suing

See also  Section 215 Indian Contract Act 1872 (Right of principal when agent deals …)

Reversal of Decree of Separation

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

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

Section 27 Indian Divorce ActDeserted wife may apply to court for protection

Section 28 Indian Divorce ActCourt may grant protection-order

Section 29 Indian Divorce ActDischarge or variation of orders.

Section 30 Indian Divorce ActLiability of husband seizing wife’s property after notice of order.

Section 31 Indian Divorce ActWife’s legal position during continuance of order.


Section 32 Indian Divorce ActPetition for restitution of conjugal rights.

Section 33 Indian Divorce ActAnswer 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 ActAlimony pendente lite.

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

Section 38 Indian Divorce ActCourt 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 ActInquiry into existence of ante-nuptial or post-nuptial settlements.

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

Section 41 Indian Divorce ActPower to make orders as to custody of children in suit for separation

Section 42 Indian Divorce ActPower to make such orders after decree.

See also  Section 41 Indian Divorce Act 1869

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

Section 44 Indian Divorce ActPower to make such orders after decree or confirmation

Chapter XII – PROCEDURE (Sec. 45-56)

Section 45 Indian Divorce ActCode of Civil Procedure to apply.

Section 46 Indian Divorce Act Forms of petitions and statements.

Section 47 Indian Divorce ActPetition to state absence of collusion.
Statements to be verified.

Section 48 Indian Divorce ActSuits on behalf of lunatics.

Section 49 Indian Divorce ActSuits by minors.

Section 50 Indian Divorce Act Service of petition.

Section 51 Indian Divorce ActMode of taking evidence.

Section 52 Indian Divorce ActCompetence of husband and wife to give evidence as to cruelty or desertion

Section 53 Indian Divorce ActPower to close doors.

Section 54 Indian Divorce ActPower to adjourn.

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

Section 56 Indian Divorce ActAppeal 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 ActEnglish clergyman not compelled to solemnize marriages of persons divorced for adultery.

Section 59 Indian Divorce ActEnglish Minister refusing to perform ceremony to permit use of his Church.

Chapter XIV – MISCELLANEOUS (Sec. 60-62)

Section 60 Indian Divorce ActDecree 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

Section 61 Indian Divorce ActBar of suit for criminal conversation

Section 62 Indian Divorce ActPower to make rules.


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