Indian Divorce Act, 1869

Indian Divorce Act, 1869

[Act No. 4 of Year 1869, dated 26-2-1869]

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