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.
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
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