Indian Divorce Act, 1869

Indian Divorce Act, 1869
[Act No. 4 of Year 1869, dated 26-2-1869]
1Short title, commencement of the Act
2Extent of Act
3Interpretation clause
4Matrimonial jurisdiction of High Courts to be exercised subject to Act – Exception
5Enforcement of decrees or orders made heretofore by Supreme Court or High Court
6Pending suits
7Court to act on principles of English Divorce Court
8Extraordinary jurisdiction of High Court
9Reference to High Court
IIIDissolution Of Marriage
10When husband may petition for dissolution
11Adulterer to be co-respondent
12Court to be satisfied of absence of collusion
13Dismissal of petition
14Power to court to pronounce decree for dissolving marriage
15Relief in case of opposition on certain grounds
16Decrees for dissolution to be nisi
17Confirmation of decree for dissolution by District Judge
17AAppointment of officer to exercise duties of King’s Proctor
IVNullity Of Marriage
18Petition for decree of nullity
19Grounds of decree
20Confirmation of District Judge’s decree
21Children of annulled marriage
VJudicial Separation
22Bar to decree for divorce a mensa et toro but judicial separation obtainable by husband or wife
23Application for separation made by petition
24Separated wife deemed spinster with respect to after- acquired property
25Separated wife deemed spinster for purposes of contract and suing
26Decree of separation obtained during absence of husband or wife may be reversed
27Deserted wife may apply to court for protection
28Court may grant protection order
29Discharge or variation of orders
30Liability of husband seizing wife’s property after notice of order
31Wife’s legal position during continuance of order
VIIRestitution Of Conjugal Rights
32Petition for restitution of conjugal rights
33Answer to petition
VIIIDamages And Costs
34Husband may claim damages from adulterer
35Power to order adulterer to pay costs
36Alimony pendente lite
37Power to order permanent alimony
38Court may direct payment of alimony to wife or to her trustee
39Power to order settlement of wife’s property for benefit of husband and children
40Inquiry into existence of ante-nuptial or post-nuptial settlements
XICustody Of Children
41Power to make orders as to custody of children in suits for separation
42Power to make such orders after decree
43Power to make orders as to custody of children in suits for dissolution or nullity
44Power to make such orders after decree or confirmation
45Code of Civil Procedure to apply
46Forms of petitions and statements
47Stamp on petition-Petition to state absence of collusion
48Suits on behalf of lunatics
49Suits by minors
50Service of petition
51Mode of taking evidence
52Competence of husband and wife to give evidence as to cruelty or desertion
53Power to close doors
54Power to adjourn
55Enforcement of, and appeal from, orders and decrees
56Appeal to the Supreme Court
57Liberty to parties to marry again
58English clergyman not compelled to solemnize marriages of persons divorced for adultery
59English Minister refusing to perform ceremony to permit use of his Church
60Decree for separation or protection- order valid as to persons dealing with wife before reversal
61Bar of suit for criminal conversation
62Power to make rules
Schedule Of Forms
No.1Petition By Husband For A Dissolution Of Marriage With Damages Against Co-Respondent, By Reason Of Adultery
No.2Respondent’s Statement In Answer To No. 1
No.3Co-Respondent’s Statement In Answer To No. 1
No.4Petition For Decree Of Nullity Of Marriage
No.5Petition By Wife For Judicial Separation On The Ground Of Her Husband’s Adultery
No.6Statement In Answer To No. 5
No.7Statement In Reply To No. 6
No.8Petition For A Judicial Separation By Reason Of Cruelty
No.9Statement In Answer To No. 8
No.10Petition For Reversal Of Decree Of Separation
No.11Petition For Protection Order
No.12Petition For Alimony Pending The Suit
No.13Statement In Answer To No. 12
No.14Undertaking 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:-


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