INDIAN DIVORCE ACT, 1869
PRELIMINARY
1. Short title, commencement of the
Act
This Act may be called the Indian Divorce Act, and shall come into
operation on the first day of April, 1869.
2. Extent of
Act
2[This Act extends to 3[the whole of India] 4[except the State of
Jammu and Kashmir.]]
Extent of power to grant relief generally, and to
make decrees of dissolution, or of nullity- 5[Nothing hereinafter contained
shall authorise any court to grant any relief under this Act except where the
petitioner 6[or respondent] professes the Christian religion,
or to make
decrees of dissolution of marriage except where the parties to the marriage are
domiciled in India at the time when the petition is presented,
or to make
decrees of nullity of marriage except where the marriage has been solemnized in
India and the petitioner is resident in India at the time of presenting the
petition,
or to grant any relief under this Act, other than a decree of
dissolution of marriage or of nullity of marriage, except where the petitioner
resides in India at the time of presenting the petition.]
3.
Interpretation clause
In this Act, unless there be something repugnant in
the subject or context,-
"High Court"- 7[(1) "High Court" means with
reference to any area,-
(a) in a State, the High Court for that
State,
8[(b) in Delhi, the High Court of Delhi;
[(bb)
Omitted]
(c) in Manipur and Tripura, the High Court of Assam;
(d)
in the Andaman and Nicobar Islands, the High Court of Calcutta;
(e) in 9[
Lakshadweep], the High Court of Kerala;
10[(ee) in Chandigarh, the High
Court of Punjab and Haryana;]
and in the case of any petition under this
Act, "High Court" means the High Court for the area where the husband and wife
reside or last resided together;]]
"District Judge"-11[(2) "District
Judge" means a Judge of a principal civil court of original jurisdiction however
designated;]
"District Court"-(3) "District Court" means, in the case of
any petition under this Act, the Court of the District Judge within the local
limits of whose ordinary jurisdiction, or of whose jurisdiction under this Act,
the husband and wife reside or last resided together;
"Court"-(4) "Court"
means the High Court or the District Court, as the case may be;
"Minor
Children"-(5) "minor children" means, in the case of sons of native fathers,
boys, who have not completed the age of sixteen years, and, in the case of
daughters of native fathers, girls who have not completed the age of thirteen
years; in other cases it means unmarried children who have not completed the age
of eighteen years;
"Incestuous adultery"-(6) "incestuous adultery" means
adultery committed by a husband with a woman with whom, if his wife were dead,
he could not lawfully contract marriage by reason of her being within the
prohibited degrees of consanguinity (whether natural or legal) or
affinity;
"Bigamy with adultery"-(7) "bigamy with adultery" means
adultery with the same woman with whom the bigamy was
committed;
"Marriage with another woman"-(8) "marriage with another
woman" means marriage of any person, being married, to any other person, during
the life of the former wife, whether the second marriage shall have taken place
within 12[India] or elsewhere;
"Desertion"-(9) "desertion" implies an
abandonment against the wish of the person charging it;
and
"Property"-(10) "property" includes in the case of a wife, any
property to which she is entitled for an estate in remainder or reversion or as
a trustee, executrix or administratrix; and the date of the death of the
testator or intestate shall be deemed to be the time at which any such wife
becomes entitled as executrix or administratrix.
JURISDICTION
4. Matrimonial jurisdiction of High
Courts to be exercised subject to Act
Exception-The jurisdiction now
exercised by the High Courts in respect of divorce a mensa et toro, and in all
other causes, suits and matters matrimonial, shall be exercised by such court,
and by the District Courts subject to the provisions in this Act contained, and
not otherwise: except so far as relates to the granting of marriage-licenses,
which may be granted as if this Act had not been passed.
5.
Enforcement of decrees or orders made heretofore by Supreme Court or High
Court
Any decree or order of the late Supreme Court of Judicature at
Calcutta, Madras or Bombay sitting on the ecclesiastical side, or of any of the
said High Courts sitting in the exercise of their matrimonial jurisdiction,
respectively, in any cause or matter matrimonial, may be enforced and dealt with
by the said High Courts, respectively, as hereinafter mentioned, in like manner
as if such decree or order had been originally made under this Act by the Court
so enforcing or dealing with the same.
6. Pending suits
All
suits and proceedings in causes and matters matrimonial, which when this Act
comes into operation are pending in any High Court, shall be dealt with and
decided by such court, so far as may be, as if they had been originally
instituted therein under this Act.
7. Court to act on principles of
English Divorce Court
Subject to the provisions contained in this Act,
the High Courts and District Courts shall, in all suits and proceedings
hereunder, act and give relief on principles and rules which, in the opinion of
the said courts, are, as nearly as may be conformable to the principles and
rules on which the Court for Divorce and Matrimonial Causes in England for the
time being acts and gives relief:
13[PROVIDED that nothing in this
section shall deprive the said courts of jurisdiction in a case where the
parties to a marriage professed the Christian religion at the time of the
occurrence of the facts on which the claim to relief is founded.]
8.
Extraordinary jurisdiction of High Court
The High Court may, whenever it
thinks fit, remove and try and determine as a court of original jurisdiction any
suit or proceeding instituted under this Act in the court of any District Judge
within the limits of its jurisdiction under this Act.
Power to transfer
suits- The High Court may also withdraw any such suit or proceeding, and
transfer it for trial or disposal to the court of any other such District
Judge.
9. Reference to High Court
When any question of law or
usage having the force of law arises at any point in the proceedings previous to
the hearing of any suit under this Act by a District Court or at any subsequent
stage of such suit, or in the execution of the decree therein or order thereon,
the court may, either of its own motion or on the application of any of the
parties, draw up a statement of the case and refer it, with the court's own
opinion thereon, to the decision of the High Court.
If the question has
arisen previous to or in the hearing, the District Court may either stay such
proceedings, or proceed in the case pending such reference, and pass a decree
contingent upon the opinion of the High Court upon it.
If a decree or
order has been made, its execution shall be stayed until the receipt of the
order of the High Court upon such reference.
DISSOLUTION OF MARRIAGE
10. When husband may petition for dissolution
Any
husband may present a petition to the District Court or to the High Court,
praying that his marriage may be dissolved on the ground that his wife has,
since the solemnization thereof, been guilty of adultery.
When wife may
petition for dissolution-Any wife may present a petition to the District Court
or to the High Court, praying that her marriage may be dissolved on the ground
that, since, the solemnization thereof, her husband has exchanged his profession
of Christianity for the profession of some other religion, and gone through a
form of marriage with another woman;
or has been guilty of incestuous
adultery,
or of bigamy with adultery,
or of marriage
with another woman with adultery,
or of rape, sodomy or
bestiality,
or of adultery coupled with such cruelty as without adultery
would have entitled her to a divorce a mensa et toro,
or of adultery
coupled with desertion, without reasonable excuse, for two years or
upwards.
Contents of petition- Every such petition shall state, as
distinctly as the nature of the case permits, the facts on which the claim to
have such marriage dissolved is founded.
11. Adulterer to be
co-respondent
Upon any such petition presented by a husband, the
petitioner shall make the alleged adulterer a co-respondent to the said
petition, unless he is excused from so doing on one of the following grounds, to
be allowed by the Court:
(1) that the respondent is leading the life of a
prostitute, and that the petitioner knows of no person with whom the adultery
has been committed;
(2) that the name of the alleged adulterer is unknown
to the petitioner, although he has made due efforts to discover it;
(3)
that the alleged adulterer is dead.
12. Court to be satisfied of
absence of collusion
Upon any such petition for the dissolution of a
marriage, the court shall satisfy itself, so far as it reasonably can, not only
as to the facts alleged, but also whether or not the petitioner has been in any
manner accessory to, or conniving at, the going through of the said form of
marriage, or the adultery, or has condoned the same, and shall also enquire into
any countercharge which may be made against the petitioner.
13.
Dismissal of petition
In case the court, on the evidence in relation to
any such petition, is satisfied that the petitioner's case has not been proved,
or is not satisfied that the alleged adultery has been committed, or find that
the petitioner has, during the marriage, been accessory to, or conniving at, the
going through of the said form of marriage, or the adultery of the other party
to the marriage, or has condoned the adultery complained of,
or that the
petition is presented or prosecuted in collusion with either of the respondents,
then, and in any of the said cases the court shall dismiss the
petition.
When a petition is dismissed by a District Court under this
section, the petitioner may, nevertheless, present a similar petition to the
High Court.
14. Power to court to pronounce decree for dissolving
marriage
In case the court is satisfied on the evidence that the case of
the petitioner has been proved, and does not find that the petitioner has been
in any manner accessory to, or conniving at, the going through of the said form
of marriage, or the adultery of the other party to the marriage, or has condoned
the adultery complained of,
or that the petition is presented or
prosecuted in collusion with either of the respondents,the court shall pronounce
a decree declaring such marriage to be dissolved in the manner and subject to
all the provisions and limitation in sections 16 and 17 made and
declared:
PROVIDED that the Court shall not be bound to pronounce such
decree if it finds that the petitioner has, during the marriage, been guilty of
adultery, or if the petitioner has, in the opinion of the court, been guilty of
unreasonable delay in presenting or prosecuting such petition,
or
of cruelty towards the other party to the marriage,
or of having deserted
or wilfully separated himself or herself from the other party before the
adultery complained of, and without reasonable excuse,
or of such wilful
neglect or misconduct of or towards the other party as has conduced to the
adultery.
Condonation- No adultery shall be deemed to have been condoned
within the meaning of this Act unless where conjugal cohabitation has been
resumed or continued.
15. Relief in case of opposition on certain
grounds
In any suit instituted for dissolution of marriage, if the
respondent opposes the relief sought on the ground, in case of such a suit
instituted by a husband, of his adultery, cruelty, or desertion without
reasonable excuse, or, in case of such a suit instituted by a wife, on the
ground of her adultery and cruelty, the court may in such suit give to the
respondent, on his or her application, the same relief to which he or she would
have been entitled in case he or she had presented a petition seeking such
relief, and the respondent shall be competent to give evidence of or relating to
such cruelty or desertion.
16. Decrees for dissolution to be
nisi
Every decree for dissolution of marriage made by a High Court not
being a confirmation of a decree of a District Court, shall, in the first
instance, be a decree nisi, not to be made absolute till after the expiration of
such time, not less than six months from the pronouncing thereof, as the High
Court, by general or special order from time to time, directs.
Collusion-
During that period any person shall be at liberty, in such manner as the High
Court by general or special order from time to time direct, to show cause why
the said decree should not be made absolute by reason of the same having been
obtained by collusion or by reason of material facts not being brought before
the court.
On cause being so shown, the court shall deal with the case by
making the decree absolute, or by reversing the decree nisi, or by requiring
further inquiry, or otherwise as justice may demand.
The High Court may
order the costs of counsel and witnesses and otherwise arising from such cause
being shown, to be paid by the parties or such one or more of them as it thinks
fit, including a wife if she have separate property.
Whenever a decree
nisi has been made, and the petitioner fails, within a reasonable time, to move
to have such decree made absolute, the High Court may dismiss the
suit.
17. Confirmation of decree for dissolution by District
Judge
Every decree for dissolution of a marriage made by a District Judge
shall be subject to confirmation by the High Court.
Cases for
confirmation of a decree for dissolution of marriage shall be heard (where the
number of the Judges of the High Court is three or upwards) by a court composed
of three such Judges, and in case of difference, the opinion of the majority
shall prevail, or (where the number of the Judges of the High Court is two) by a
court composed of such two Judges, and in case of difference, the opinion of the
Senior Judge shall prevail.
The High Court, if it thinks further enquiry
or additional evidence to be necessary, may direct such enquiry to be made, or
such evidence to be taken.
The result of such enquiry and the additional
evidence shall be certified to the High Court by the District Judge, and the
High Court shall thereupon make an order confirming the decree for dissolution
of marriage, or such other order as to the Court seems fit:
PROVIDED that
no decree shall be confirmed under this section till after expiration of such
time, not less than six months from the pronouncing there of, as the High Court
by general or special order from time to time directs.
During the
progress of the suit in the court of the District Judge, any person suspecting
that any parties to the suit are or have been acting in collusion for the
purpose of obtaining a divorce, shall be at liberty in such manner as the High
Court by general or special order from time to time directs, to apply to the
High Court to remove the suit under section 8, and the High Court shall
thereupon, if it thinks fit, remove such suit and try and determine the same as
a court of original jurisdiction, and the provisions contained in section 16
shall apply to every suit so removed: or it may direct the District Judge to
take such steps in respect of the alleged collusion as may be necessary, to
enable him to make a decree in accordance with the justice of the
case.
14[17A.Appointment of officer to exercise duties of King's
Proctor
15[The government of the State within which any High Court exercises
jurisdiction, may appoint an officer who shall, within the jurisdiction of the
High Court in that State, have the like right of showing cause why a decree for
the dissolution of marriage should not be made absolute or should not be
confirmed, as the case may be, as is exercisable in England by King's Proctor;
and the said government may make rules regulating the manner in which the right
shall be exercised and all matters incidental to or consequential on any
exercise of the right. ]] 16[* * *]
NULLITY OF MARRIAGE
18. Petition for decree of nullity
Any husband or wife
may present a petition to the District Court or to the High Court, praying that
his or her marriage may be declared null and void.
19. Grounds of
decree
Such decree may be made on any of the following
grounds,-
(1) that the respondent was impotent at the time of the
marriage and at the time of the institution of the suit;
(2) that the
parties are within the prohibited degrees of consanguinity (whether natural or
legal) or affinity;
(3) that either party was a lunatic or idiot at the
time of the marriage;
(4) that the former husband or wife of either party
was living at the time of the marriage, and the marriage with such former
husband or wife was then in force.
Nothing in this section shall affect
the jurisdiction of the High Court to make decrees of nullity of marriage on the
ground that the consent of either party was obtained by force or
fraud.
20. Confirmation of District Judge's decree
Every decree
of nullity of marriage made by a District Judge shall be subject to confirmation
by the High Court, and the provisions of section 17, clauses 1, 2, 3 and 4,
shall, mutatis mutandis apply to such decrees.
21. Children of
annulled marriage
Where a marriage is annulled on the ground that a
former husband or wife was living, and it is adjudged that the subsequent
marriage was contracted in good faith and with the full belief of the parties
that the former husband or wife was dead, or when a marriage is annulled on the
ground of insanity, children begotten before the decree is made shall be
specified in the decree, and shall be entitled to succeed, in the same manner as
legitimate children, to the estate of the parent who at the time of the marriage
was competent to contract.
JUDICIAL SEPARATION
22. Bar to decree for divorce a mensa et toro but judicial
separation obtainable by husband or wife
No decree shall hereafter be
made for a divorce a mensa et toro, but the husband or wife may obtain a decree
of judicial separation, on the ground of adultery, or cruelty, or desertion
without reasonable excuse for two years or upwards, and such decree shall have
the effect of a divorce a mensa et toro under the existing law, and such other
legal effect as hereinafter mentioned.
23. Application for separation
made by petition
Application for judicial separation on any one of the
grounds aforesaid, may be made by either husband or wife by petition to the
District Court or the High Court; and the court, on being satisfied of the truth
of the statements made in such petition, and that there is no legal ground why
the application should not be granted, may decree judicial separation
accordingly.
24. Separated wife deemed spinster with respect to after-
acquired property
In every case of a judicial separation under this
Act, the wife shall, from the date of the sentence, and whilst the separation
continues, be considered as unmarried with respect to property of every
description which she may acquire, or which may come to or devolve upon
her.
Such property may be disposed of by her in all respects as an
unmarried woman, and on her decease the same shall, in a case she dies
intestate, go as the same would have gone if her husband had been then
dead:
PROVIDED that, if any such wife again cohabits with her husband,
all such property as she may be entitled to when such cohabitation takes place
shall be held to her separate use, subject, however, to any agreement in writing
made between herself and her husband whilst separate.
25. Separated
wife deemed spinster for purposes of contract and suing
In every case of
a judicial separation under this Act, the wife shall whilst so separated, be
considered as an unmarried woman for the purpose of contract, and wrongs and
injuries, and suing and being sued in any civil proceedings; and her husband
shall not be liable in respect of any contract, act or costs entered into, done,
omitted or incurred by her during the separation:
PROVIDED that where,
upon any such judicial separation, alimony has been decreed or ordered to be
paid to the wife, and the same is not duly paid by the husband, he shall be
liable for necessaries supplied for her use:
PROVIDED ALSO that nothing
shall prevent the wife from joining at any time during such separation, in the
exercise of any joint power given to herself and her husband.
REVERSAL
OF DECREE OF SEPARATION
26. Decree of separation obtained during
absence of husband or wife may be reversed
Any husband or wife, upon the
application of whose wife or husband, as the case may be, a decree of judicial
separation has been pronounced, may, at anytime thereafter, present a petition
to the court by which the decree was pronounced, praying for a reversal of such
decree, on the ground that it was obtained in his or her absence, and that there
was reasonable excuse for the alleged desertion, where desertion was the ground
of such decree.
The court may, on being satisfied of the truth of the
allegations of such petition, reverse the decree accordingly; but such reversal
shall not prejudice or affect the rights or remedies which any other person
would have had, in case it had not been decreed, in respect of any debts,
contracts, or acts of the wife incurred, entered into, or done between the times
of the sentence of separation and of the reversal thereof.
PROTECTION-ORDERS
27. Deserted wife may apply to court
for protection
Any wife to whom section 4 of the Indian Succession Act,
186517, (10 of 1865) does not apply, may, when deserted by her husband, present
a petition to the District Court or the High Court, at any time after such
desertion, for an order to protect any property which she may have acquired or
may acquire, and any property of which she may have become possessed or may
become possessed after such desertion, against her husband or his creditors, or
any person claiming under him.
28. Court may grant protection
order
The court, if satisfied of the fact of such desertion, and that the
same was without reasonable excuse, and that the wife is maintaining herself by
her own industry or property, may make and give to the wife an order protecting
her earning and other property from her husband and all creditors and persons
claiming under him. Every such order shall state the time at which the desertion
commenced, and shall, as regards all persons dealing with the wife in reliance
thereon, be conclusive as to such time.
29. Discharge or variation of
orders
The husband or any creditor of, or person claiming under him, may
apply to the court by which such order was made for the discharge or variation
thereof, and the court, if the desertion has ceased, or if for any other reason
it thinks fit so to do, may discharge or vary the order
accordingly.
30. Liability of husband seizing wife's property after
notice of order
If the husband, or any creditor of, or person claiming
under the husband, seizes or continues to hold any property of the wife after
notice of any such order, he shall be liable, at the suit of the wife (which she
is hereby empowered to bring), to return or deliver to her the specific
property, and also to pay her a sum equal to double its value.
31.
Wife's legal position during continuance of order
So long as any such
order of protection remains in force the wife shall be and be deemed to have
been, during such desertion of her, in the like position in all respects, with
regard to property and contracts and suing and being sued, as she would be under
this Act, if she obtained a decree of judicial separation.
RESTITUTION OF CONJUGAL RIGHTS
32. Petition for
restitution of conjugal rights
When either the husband or the wife has,
without reasonable excuse, withdrawn from the society of the other, either wife,
or husband may apply by petition to the District Court or the High Court for
restitution of conjugal rights, and the court, on being satisfied of the truth
of the statements made in such petition, and that there is no legal ground why
the application should not be granted, may decree restitution of conjugal rights
accordingly.
33. Answer to petition
Nothing shall be
pleaded in answer to a petition for restitution of conjugal rights, which would
not be ground for a suit for judicial separation or for a decree for nullity of
marriage.
DAMAGES AND COSTS
34. Husband may claim damages from
adulterer
Any husband may, either in a petition for dissolution of
marriage or for judicial separation, or in a petition of the District Court or
the High Court limited to such object only, claim damages from any person on the
ground of his having committed adultery with the wife of such
petitioner.
Such petition shall be served on the alleged adulterer and
the wife, unless the court dispenses with such service, or directs some other
service to be substituted.
The damages to be recovered in any such
petition shall be ascertained by the said court, although the respondents or
either of them may not appear.
After the decision has been given, the
court may direct in what manner such damages shall be paid or
applied.
35. Power to order adulterer to pay costs
Whenever in
any petition presented by a husband the alleged adulterer has been made a
co-respondent, and the adultery has been established, the court may order the
co-respondent to pay the whole or any part of the costs of the
proceedings:
PROVIDED that the co-respondent shall not be ordered to pay
the petitioner's costs-
(1) if the respondent was, at the time of the
adultery, living apart from her husband and leading the life of a prostitute,
or
(2) if the co-respondent had not, at the time of the adultery, reason
to believe the respondent to be a married woman.
Power to order litigious
intervenor to pay costs- Whenever any application is made under section 17, the
court, if it thinks that the applicant had no grounds or no sufficient grounds
for intervening, may order him to pay the whole or any part of the costs
occasioned by the application.
ALIMONY
36. Alimony pendente
lite
In any suit under this Act, whether it be instituted by a husband or
a wife, and whether or not she has obtained an order of protection the wife may
present a petition for alimony pending the suit.
Such petition shall be
served on the husband; and the court, on being satisfied of the truth of the
statements therein contained, may make such order on the husband for payment to
the wife of alimony pending the suit as it may deem just:
PROVIDED that
alimony pending the suit shall in no case exceed one fifth of the husband's
average net income for the three years next preceding the date of the order, and
shall continue, in case of a decree for dissolution of marriage or of nullity of
marriage, until the decree is made absolute or is confirmed, as the case may
be.
37. Power to order permanent alimony
The
High Court, may, if it thinks fit, on any decree absolute declaring a marriage
to be dissolved, or on any decree of judicial separation obtained by the wife,
and the District Judge may, if he thinks fit, on the confirmation of any decree
of his declaring a marriage to be dissolved, or on any decree of judicial
separation obtained by the wife,
order that the husband shall, to
the satisfaction of the Court, secure to the wife such gross sum of money, or
such annual sum of money for any term not exceeding her own life, as, having
regard to her fortune (if any), to the ability of the husband, and to the
conduct of the parties, it thinks reasonable; and for that purpose may cause a
proper instrument to be executed by all necessary parties.
Power to order
monthly or weekly payments- In every such case the court may make an order on
the husband for payment to the wife of such monthly or weekly sums for her
maintenance and support as the court may think reasonable:
PROVIDED that
if the husband afterwards from any cause becomes unable to make such payments,
it shall be lawful for the court to discharge or modify the order, or
temporarily to suspend the same as to the whole or any part of the money so
ordered to be paid, and again to revive the same order wholly or in part as to
the court seems fit.
38. Court may direct payment of alimony to wife
or to her trustee
In all cases in which the Court makes any decree or
order for alimony, it may direct the same to be paid either to the wife herself,
or to any trustee on her behalf to be approved by the court, and may impose any
terms or restrictions which to the Court seem expedient, and may from time to
time appoint a new trustee, if it appears to the court expedient so to
do.
SETTLEMENTS
39. Power to order settlement of wife's
property for benefit of husband and children
Whenever the court
pronounces a decree of dissolution of marriage or judicial separation for
adultery of the wife, if it is made to appear to the court that the wife is
entitled to any property, the court may, if it thinks fit, order such settlement
as it thinks reasonable to be made of such property or any part thereof, for the
benefit of the husband, or of the children of the marriage, or of
both.
Any instrument executed pursuant to any order of the court at the
time or after the pronouncing of a decree of dissolution of marriage or judicial
separation, shall be deemed valid notwithstanding the existence of the
disability of coverture at the time of the execution thereof.
Settlement
of damages- The court may direct that the whole or any part of the damages
recovered under section 34, shall be settled for the benefit of the children of
the marriage, or as a provision for the maintenance of the wife.
40.
Inquiry into existence of ante-nuptial or post-nuptial settlements
The
High Court, after a decree absolute for dissolution of marriage, or a decree of
nullity of marriage, and the District Court, after its decree for dissolution of
marriage or of nullity of marriage has been confirmed, may inquire into the
existence of ante-nuptial or post-nuptial settlements made on the parties whose
marriage is the subject of the decree, and may make such orders, with reference
to the application of the whole or a portion of the property settled, whether
for the benefit of the husband or the wife, or the children (if any) of the
marriage, or of both children and parents, as to the court seems
fit:
PROVIDED that the court shall not make any order for the benefit of
the parents or either of them at the expense of the children.
CUSTODY OF CHILDREN
41. Power to make orders as to custody
of children in suits for separation
In any suit for obtaining a
judicial separation the court may from time to time, before making its decree,
make such interim orders, and may make such provision in the decree, as it deems
proper with respect to the custody, maintenance and education of the minor
children, the marriage of whose parents is the subject of such suit, and may, if
it thinks fit, direct proceedings to be taken for placing such children under
the protection of the said court.
42. Power to make such orders after
decree
The court, after a decree of judicial separation, may upon
application (by petition) for this 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 is 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 or by interim orders in case the proceedings for
obtaining such decree were still pending.
43. Power to make orders as
to custody of children in suits for dissolution or nullity
In any
suit for obtaining a dissolution of marriage or a decree of nullity of marriage
instituted in, or removed to, a High Court, the court may from time to time,
before making its decree absolute or its decree (as the case maybe), make such
interim orders, and may make such provision in the decree absolute or decree,
and in any such suit instituted in a District Court, the court may from time to
time, before its decree is confirmed, make such interim orders, and may make
such provision on such confirmation, as the High Court or District Court (as the
case may be) deems proper with respect to the custody, maintenance and education
of the minor children, the marriage of whose parents is the subject of the suit,
and may, if it thinks fit, direct proceedings to be taken for placing such
children under the protection of the court.
44. Power to make such
orders after decree or confirmation
The High Court after a decree
absolute for dissolution of marriage or a decree of nullity of marriage, and the
District Court after a decree for dissolution of marriage or of nullity of
marriage has been confirmed, 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, and 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.
PROCEDURE
45. Code of Civil Procedure to
apply
Subject to the provisions herein contained, all proceedings under
this Act between the party and party shall be regulated by the Code of Civil
Procedure18.
46. 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, maybe used for the respective purposes mentioned in such
Schedule.
47. Stamp on petition-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 19[***] shall
20[***] 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.
48. 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.
49. 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 21[* * *] 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.
50.
Service of petition
Every petition under this Act shall be served on the
party to be affected thereby, either within or without 22[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.
51. 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.
52. Competence of husband and
wife to give evidence as to cruelty or desertion
On any petition
presented by a wife, praying that her marriage may be dissolved by reason of her
husband having been guilty of adultery coupled with cruelty, or adultery coupled
with desertion without reasonable excuse, the husband and wife respectively
shall be competent and compellable to give evidence of or relating to such
cruelty or desertion.
53. 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.
54. Power to adjourn
The court may, from
time to time, adjourn the hearing of any petition under this Act, and may
require further evidence thereon if it sees fit so to do.
55.
Enforcement of, and appeal from, orders and decrees
All decrees and
orders made by the court in any suit or proceeding under this Act shall be
enforced and may be appealed from, in the like manner as the decrees and orders
of the court made in the exercise of its original civil jurisdiction are
enforced and may be appealed from, under the laws, rules and orders for the time
being in force:
PROVIDED that there shall be no appeal from a decree of a
District Judge for dissolution of marriage or of nullity of marriage: nor from
the order of the High Court confirming or refusing to confirm such
decree:
No appeals as to costs-PROVIDED also that there shall be no
appeal on the subject of costs only.
56. Appeal to the Supreme
Court
Any person may appeal to 23[the Supreme Court] from any decree
(other than a decree nisi) or order under this Act of a High Court made on
appeal or otherwise,and from any decree (other than a decree nisi) or order made
in the exercise of original jurisdiction by Judges of a High Court or of any
Division Court from which an appeal shall not lie to the High Court,when the
High Court declares that the case is a fit one for appeal to 23[the Supreme
Court].
RE-MARRIAGE
57. Liberty to parties to marry
again
When six months after the date of an order a High Court confirming
the decree for a dissolution of marriage made by a District Judge have
expired,
or when six months after the date of any decree of a High Court
dissolving a marriage have expired, and no appeal has been presented against
such decree to the High Court in its appellate jurisdiction,
or when any
such appeal has been dismissed,
or when in the result of any such appeal
any marriage is declared to be dissolved,
but not sooner, it shall be
lawful for the respective parties to the marriage to marry again, as if the
prior marriage had been dissolved by death:
PROVIDED that no appeal to
23[Supreme Court] has been presented against any such order or
decree.
When such appeal has been dismissed, or when in the result
thereof the marriage is declared to be dissolved, but no sooner, it shall be
lawful for the respective parties to the marriage to marry again as if the prior
marriage had been dissolved by death.
58. English clergyman not
compelled to solemnize marriages of persons divorced for adultery
No
clergyman in Holy Orders of the 24[***] Church of England 25[***] shall be
compelled to solemnize the marriage of any person whose former marriage has been
dissolved on the ground of his or her adultery, or shall be liable to any suit,
penalty or censure for solemnizing or refusing to solemnize the marriage of any
such person.
59. English Minister refusing to perform ceremony to
permit use of his Church
When any minister of any Church or Chapel
of the said 25[* * *] Church refuses to perform such marriage-service between
any person who but for such refusal would be entitled to have the same service
performed in such Church or Chapel, such minister shall permit any other
minister in Holy Orders of the said Church, entitled to officiate within the
diocese in which such Church or Chapel is situate, to perform such marriage
service in such Church or Chapel.
MISCELLANEOUS
60. Decree for separation or
protection- order valid as to persons dealing with wife before
reversal
Every decree for judicial separation or order to protect
property, obtained by a wife under this Act, shall, until reversed or
discharged, be deemed valid, so far as necessary, for the protection of any
person dealing with the wife.
No reversal, discharge or variation of such
decree or order shall affect any rights or remedies which any person would
otherwise have had in respect of any contracts or acts of the wife entered into
or done between the dates of such decree or order, and of the reversal,
discharge or variation thereof.
Indemnity of persons making payment to
wife without notice of reversal or decree or protection-order- All persons who
in reliance on any such decree or order make any payment to, or permit any
transfer or act to be made or done by, the wife who has obtained the same shall,
notwithstanding such decree or order may then have been reversed, discharged or
varied, or the separation of the wife from her husband may have ceased, or at
some time since the making of the decree or order been discontinued, be
protected and indemnified as if, at the time of such payment, transfer or other
act, such decree or order were valid and still subsisting without variation, and
the separation had not ceased or been discontinued,unless, at the time of
payment, transfer or other act, such persons had notice of the reversal,
discharge or variation of the decree or order or of the cessation or
discontinuance of the separation.
61. Bar of suit for criminal
conversation
After this Act comes into operation, no person competent to
present a petition under sections 2 and 10 shall maintain a suit for criminal
conversation with his wife.
62. Power to make rules
The High
Court shall make such rules under this Act as it may from time to time consider
expedient, and may from time to time alter and add to the same:
PROVIDED
that such rules, alterations and additions are consistent with the provisions of
this Act and the Code of Civil Procedure.18
All such rules,
alterations and additions shall be published in the Official Gazette.
SCHEDULE OF
FORMS
NO. 1-PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE
WITH DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY
(Sections 10 and 34)
In the (High) Court of .........
To the
Hon'ble Mr. Justice .......or To the Judge of ........
The .....day .....
of 19 ......
The petition of A.B. of ..........
Sheweth,
1.
That your petitioner was on the ....day of,......... one thousand nine hundred
and ......lawfully married to C.B., then C.D., spinster at ..... (a)
2.
That from his said marriage, your petitioner lived and cohabited with his said
wife at....... and at ...., in ..... and lastly at ......, in................,
and that your petitioner and his said wife have had issue of their said
marriage, five children, of whom two sons only survive, aged respectively twelve
and fourteen years.
3. That during the three years immediately preceding
...... the day of .... one thousand nine hundred and .......X.Y. was constantly
with a few exceptions, residing in the house of your petitioner.......... at
aforesaid, and that on diverse occasions during the said period, the dates of
which are unknown to your petitioner, the said C.B. in your petitioner's said
house committed adultery with the said X.Y.
4. That no collusion or
connivance exists between me and my said wife for the purpose of obtaining a
dissolution of our said marriage or for any other purpose.
Your
petitioner, therefore, prays that this (Hon'ble) Court will decree a dissolution
of the said marriage, and that the said X.Y. do pay the sum of rupees, 5,000 as
damages by reason of his having committed adultery with your petitioner's said
wife, such damages to be paid to your petitioner, or otherwise paid or applied
as to this (Hon'ble) Court seems fit.
(Signed) A.B. (b).
Form
of Verification
I, A.B., the petitioner named in the above petition,
do declare that what is stated therein is true to the best of my information and
belief.
(a) If the marriage was solemnized out of India, the adultery
must be shown to have been committed in India.
(b) The petition must be
signed by the petitioner.
NO.2-RESPONDENT'S STATEMENT IN ANSWER TO NO. 1
In the Court of ......the.... day of...... Between
A.B., petitioner,........C.B, respondent, and...................
X.Y.,co-respondent.
C.B., the respondent, by D.E. her attorney (or
vakil) in answer to the petition of A.B. says that she denies that she has on
diverse or any occasions committed adultery with X.Y., as alleged in the third
paragraph of the said petition.
Wherefore the respondent prays that this
(Hon'ble) Court will reject the said petition.
(Signed) C.B.
NO. 3-CO-RESPONDENT'S STATEMENT IN ANSWER TO NO. 1
In the (High) Court of ..........
The .... day
of ...... Between A.B., petitioner, ......C.B., respondent, and ......X.Y.
co-respondent.
X.Y., the co-respondent, in answer to the petition filed
in this cause, sayeth that he denies that he committed adultery with the said
C.B. as alleged in the said petition.
Wherefore the said X.Y. prays that
this (Hon'ble ) Court will reject the prayer of the said petitioner and order
him to pay the costs of and incident to the said petition.
(Signed)
X.Y.
NO. 4-PETITION FOR DECREE OF NULLITY OF MARRIAGE
(Section
18)
In the (High) Court of
......
To the Hon'ble Mr. Justice ..... Or to the Judge of
.........
The .....day of ...... ,19 ...... The petition of A.B. falsely
called A.D.,...
Sheweth,
1. That on the ..... day of .....;
one thousand nine hundred and ......your petitioner, then a spinster, eighteen
years of age, was married, in fact, though not in law, to C.D., then a bachelor
of about thirty years of age, at some place in India.
2. That from the
said ...... day of ..... one thousand nine hundred and ....., until the month of
one thousand nine hundred and ......., your petitioner lived and cohabited with
the said C.D., at diverse places, and particularly at .... aforesaid.
3.
That the said C.D. has never consummated the said pretended marriage by carnal
copulation.
4. That at the time of the celebration of your petitioner's
said pretended marriage, the said C.D,. was, by reason of his impotency or
malformation, legally incompetent to enter into the contract of
marriage.
5. That there is no collusion or connivance between her and the
said C.D. with respect to the subject of this suit.
Your petitioner
therefore prays that this (Hon'ble) Court will declare that the said marriage is
null and void.
(Signed) A.B.
Form of Verification: See No.
1
NO. 5-PETITION BY WIFE FOR JUDICIAL SEPARATION ON THE GROUND OF HER
HUSBAND'S ADULTERY
(Section 22)
In the (High) Court of ......
To
the Hon'ble Mr. Justice ..... or To the Judge of ........
The
............ day of .....19 ..... The petition of C.B., of ........the wife of
A.B.
Sheweth,
1. That on the day of ....... one thousand nine
hundred, your petitioner, then C.D., was lawfully married to A.B., at the Church
of ......, in the ......
2. That after her said marriage, your petitioner
cohabited with the said A.B. at, .... And at, ... and that your petitioner and
her said husband have issue living Of their said marriage, three children, to
wit, etc., etc., (a).
3. That on diverse occasions in or about the months
of August, September and October, one thousand nine hundred and ....., the said
A.B., at aforesaid, committed adultery with E.F., who was then living in the
service of the said A.B. and your petitioner at their said
residence................ aforesaid.
4. That on diverse occasions in the
months of October, November and December, one thousand nine hundred and ......,
the said A.B., at .... aforesaid, committed adultery with G.H. who was then
living in the service of the said A.B. and your petitioner at their said
residence .... aforesaid.
5. That no collusion or connivance exists
between your petitioner and the said A.B. with respect to the subject of the
present suit.
Your petitioner, therefore, prays that this (Hon'ble) Court
will decree a judicial separation to your petitioner from her said husband by
reason of his aforesaid adultery.
(Signed) C.B. (b)
(a) State the
respective ages of the children.
(b) The petition must be signed by the
petitioner.
Form of Verification: See No. I
NO.6-STATEMENT IN ANSWER TO NO. 5
In the (High) Court of ........ B. against
B.
The ..... day of ......The respondent, A.B., by W.Y. his attorney or
vakil sayeth,-
(1) That he denies that he committed adultery with E.F. as
in the third paragraph of the petition alleged.
(2) That the petitioner
condoned the said adultery with E.F., if any.
(3) That he denies that he
committed adultery with G.H., as in the fourth paragraph of the petition
alleged.
(4) That the petitioner condoned the said adultery with G.H., if
any.
Wherefore this respondent prays that this (Hon'ble) Court will
reject the prayer of the said petition.
(Signed) A.B.
NO. 7-STATEMENT IN REPLY TO NO. 6
In the (High) Court of .......B against
B.
The .......day of ....
The petitioner, C.B., by her attorney
[or vakil], says-
(1) That she denies that she condoned that said
adultery of the respondent with E.F. as in the second paragraph of the statement
in answer alleged.
(2) That even if she had condoned the said adultery,
the same has been revived by the subsequent adultery of the respondent with
G.H., as set forth in the fourth paragraph of the petition.
(Signed)
C.B.
NO. 8-PETITION FOR A JUDICIAL SEPARATION BY REASON OF
CRUELTY
(Section 22)
In the (High) Court of ........
To
the Hon'ble Mr. Justice .... or To the Judge of ......
The ...... day of
.... 19 ......
The petition of A.B. (wife of C.B.) or
...............................................................
Sheweth,
1.
That on the ...... day of ..,one thousand nine hundred and
......................, your petitioner, then A.D., spinster, was lawfully
married to C.B., at ........
2. That from her said marriage, your
petitioner lived and cohabited with her said husband at ....... until the ....
day of ...... one thousand nine hundred and ......, when your petitioner
separated from her said husband as hereinafter more particularly mentioned, and
that your petitioner and her said husband have had no issue of their said
marriage.
3. That from and shortly after your petitioner's said marriage,
the said C.B. habitually conducted himself towards your petitioner with great
harshness and cruelty, frequently abusing her in the coarsest and most insulting
language, and beating her with his fists, with a cane, or with some other
weapon.
4. That on an evening in or about the months of ....... one
thousand nine hundred and ........, the said C.B. in the highway and opposite to
the house in which your petitioner and the said C.B. were then residing at ....
aforesaid, endeavoured to knock your petitioner down, and was only prevented
from so doing by the interference of F.D., your petitioner's brother.
5.
That subsequently on the same evening, the said C.B. in his said house at ....
aforesaid, struck your petitioner with his clenched fists a violent blow on her
face.
6. That on one Friday night in the month of ...... one thousand
nine hundred and ......, the said C.B., in ...... without provocation, threw a
knife at your petitioner, thereby inflicting a severe wound on her right
hand.
7. That on the afternoon of the ........day of .....one thousand
nine hundred and ......,your petitioner, by reason of the great and continued
cruelty practised towards her by her said husband, with assistance withdrew from
the house of her said husband to the house of her father at ....., that from and
after the said .... day of ......, one thousand nine hundred and ......, your
petitioner hath lived separate and apart from her said husband, and hath never
returned to his house or to cohabitation with him.
8. That there is no
collusion or connivance between your petitioner and her said husband with
respect to the subject of the present suit.
Your petitioner, therefore,
prays that this (Hon'ble) Court will decree a judicial separation between your
petitioner and the said C.B., and also order that the said C.B., do pay the
costs of and incident to these proceedings.
(Signed) A.B.
Form
of Verification: See No. 1
NO. 9-STATEMENT IN ANSWER TO NO. 8
In the (High) Court of ........
The
...... day of ...... Between A.B., petitioner, and C.B. respondent.
C.B.,
the respondent, in answer to the petition filed in this cause by W.J. his
attorney [or vakil] sayeth that he denies that he has been guilty of cruelty
towards the said A.B., as alleged in the said petition.
(Signed)
C.B.
NO. 10-PETITION FOR REVERSAL OF DECREE OF
SEPARATION
(Section 24)
In the (High) Court of .........
To
the Hon'ble Mr. Justice ..... or To the Judge of ........
The ..... day
of .... 19 .....
The petition ...... A.B.,of
......
Sheweth,
1. That your petitioner was on the ......
day of ...... lawfully married to .....
2. That on the .....day of......,
this (Hon'ble) Court at the petition of ...., pronounced a decree affecting the
petitioner to the effect following, to wit,-
(Here set out the
decree)
3. That such decree was obtained in the absence of your
petitioner, who was then residing at ......
[State facts tending to show
that the petitioner did not know of the proceedings; and, further, that had he
known he might have offered a sufficient defence.]
or
That there
was reasonable ground for your petitioner leaving his said wife, for that his
said wife
[Here state any legal grounds justifying the petitioner's
separation from his wife]
Your petitioner, therefore, prays, that
this (Hon'ble) Court will reverse the said decree.
(Signed)
A.B.
Form of Verification: See No. 1
NO.11-PETITION FOR PROTECTION ORDER
(Section
27)
In the (High) Court of .......
To
the Hon'ble Mr. Justice .....or To the Judge of ........
The ....... day
of ..... 19 ........
The petition of C.B. , of ...... the wife of
A.B.
Sheweth,
That on the ....... day of ........ She was lawfully
married to A.B., at ..........
That she lived and cohabited with the said
A.B. for years at ......, and also at ......, and hath had ....... children,
issue of her said marriage, of whom ..... are now living with the applicant, and
wholly dependent upon her earnings. That on or about ......, the said A.B.,
without any reasonable cause, deserted the applicant, and hath ever since
remained separate and apart from her.
That since the desertion of her
said husband, the applicant hath maintained herself by her own industry or on
her own property, as the case may be, and hath thereby and otherwise acquired
certain property consisting of [here state generally the nature of the property]
.........................
WHEREFORE she prays an order for the
protection of her earnings and property acquired since the said, ...... day of
..... from the said A.B., and from all creditors and persons claiming under
him.
(Signed) C.B.
NO.12-PETITION FOR ALIMONY PENDING THE SUIT
(Section
36)
In the (High) Court of
.................................................
B. against B.
To
the Hon'ble Mr. Justice.................... or To the Judge of
........
The .......day of 19 .....
The petition of C.B., the
lawful .....wife of A.B.
Sheweth,
1. That the said A.B. has
for some years carried on the business of ......, at, ............ and from such
business derives the net annual income of from Rs. 4.000 to 5,000.
2.
That the said A.B. is possessed of plate, furniture, linen and other effects at
his said house, ..... aforesaid, all of which he acquired in right of your
petitioner as his wife, or purchased with money he acquired through her, of the
value of Rs. 10,000.
3. That the said A.B. is entitled, under the
Will of his father, subject to the life interest of his mother therein to
property of the value of Rs. 5,000 or some other considerable
amount.
Your petitioner, therefore, prays that this (Hon'ble) Court will
decree such sum or sums of money by way of alimony, pending the suit, as to this
(Hon'ble) Court may seem meet.
(Signed) C.B.
Form of Verification:
See No. 1
NO. 13-STATEMENT IN ANSWER TO NO. 12
In the (High) Court
of ........
B. against B.
A.B. of ......., the
above-mentioned respondent, in answer ...... to the petition for alimony,
pending the suit, of C.B., says-
1. In answer to the first paragraph of
the said petition, I say that I have for the last three years carried, on the
business of ......, at ..... and that, from such business, I have derived a net
annual income of Rs. 900, but less than Rs. 1,000.
2. In answer to the
second paragraph of the said petition, I say, that I am possessed of plate,
furniture, linen and other chattels and effects at my said house
................................... ... aforesaid, of the value of Rs. 7, 000
but as I verify believe of no larger value. And I say that a portion of the said
plate, furniture and other chattels and effects of value of Rs. 1,500, belonged
to my said wife before our marriage, but the remaining portions thereof I have
since purchased with my own monies. And I say that, save as thereinbefore set
forth, I am not possessed of the plate and other effects as alleged in the said
paragraph in the said petition, and that I did not acquire the same as in the
said petition also mentioned.
3. I admit that I am entitled under the
Will of my father, subject to the life- interest of my mother therein, to
property of the value of Rs. 5,000, that is to say, I shall be entitled under my
said father's Will, upon the death of my mother, to a legacy of Rs. 7,000, out
of which I shall, have to pay to my father's executors the sum of Rs. 2, 000 the
amount of a debt owing by me to his estate, and upon which debt I am now paying
interest at the rate of five per cent per annum.
4. And, in further
answer to the said petition, I say that I have no income whatever except that
derived from my aforesaid business, that such income, since my said wife left
me, which she did on the ....day of ....last, has been considerably diminished,
and that such diminution is likely to continue . And I say that out of my said
income I have to pay the annual sum of Rs. 100 for such interest as aforesaid to
my late father's executors, and also to support myself and my two eldest
children.
5. And, in further answer to the said petition, I say that,
when my wife left my dwelling house on the ......day of ....... last, she took
with her, and has ever since withheld and still withholds from me, plate,
watches, and other effects in the second paragraph of this my answer mentioned,
of the value of, as I verily believe, Rs. 800 at the least; and I also sathat,
within five days of her departure from my house as aforesaid, my said wife
received bills due to me from certain lodgers of mine, amounting in the
aggregate to Rs ....... and that she has ever since withheld and still withholds
from me the same sum.
(Signed) A.B.
NO. 14-UNDERTAKING BY MINOR'S NEXT FRIEND TO BE ANSWERABLE FOR
RESPONDENT'S COSTS
(Section 49)
In the (High) Court of ........
I,
the undersigned A.B., of ......being the next friend of C.D., who is a minor,
and who is desirous of filing a petition in this Court, under the Indian Divorce
Act, against D.D. of ..... hereby undertake to be responsible for the costs of
the said D.D. in such suit, and that, if this said C.D. fails to pay to the said
D.D. when and in such manner as the Court shall order all such costs of such
suit as the Court shall direct him [or her] to pay to the said D.D., I will
forthwith pay the same to the proper officer of this Court.
Dated this
.....day of ....19.....
(Signed) A.B.
Foot Notes
1 The words "in India" omitted by Act
No. 3 of 1951.
2 Substituted for the original first paragraph by AO
1948.
3 Substituted by AO 1950, for certain words.
4 Substituted
for the words "except Part B States" by Act No. 3 of 1951.
5 Substituted
by Act No. 25 of 1926.
6 Inserted by Act No. 30 of 1927.
7
Substituted for the former clause by AO. (No. 2) 1956.
8 Substituted by
the Himachal Pradesh (Adaptation of Laws on State & Concurrent Subjects)
Order,1968, w.e.f. 1st. November, 1966.
9 Substituted by the Lakshadweep
(Alteration of Name ) Adaptation of Laws Order, 1974, for "Laccadive, Minicoy
and Amindivi Islands" w.e.f. 1st. November, 1973.
10 Inserted by the
Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent
Subjects) Order 1968, w.e.f. 1st. November, 1966.
11 Substituted by AO
1950, for the former clause.
12 Substituted for "the dominions of Her
Majesty" by AO 1950.
13 Added by Act No. 10 of 1912.
14
Substituted for the original section 17A by AO 1937.
15 Substituted by
Act No. 3 of 1951, for certain words.
16 Second paragraph omitted, Act
No. 3 of 1951.
17 Now see the Indian Succession Act, 1925 (Act No. 39 of
Year 1925).
18 Now see the Code of Civil Procedure, 1908 (Act No. 5 of
Year 1908).
19 The words "or of reversal of judicial separation, or for
restitution of conjugal rights, or for damages, shall bear a stamp of five
rupees, and" repealed by Act No. 7 of 1870.
20 The words "in the first,
second and third cases mentioned in this section", repealed by Act No. 7 of
1870.
21 The words "shall bear a stamp or eight annas and" repealed by
Act No. 7 of 1870.
22 Substituted by AO 1950, for the words "the
Provinces" which had been substituted by AO 1948, for the words "British
India".
23 Substituted by AO 1950 for the words "Her Majesty in
Council".
24 The word "United" repealed by Act No. 12 of 1873.
25
The words "and Ireland" repealed by Act No. 12 of 1873.