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The Indian Divorce Act, 1869

The Indian Divorce Act, 1869





Chapter I Preliminary
1 Short title, commencement of Act.
2 Extent of Act.
3 Interpretation-clause.
Chapter 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 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.
Chapter III Dissolution of Marriage.
10 When husband may petition for dissolution, when wife may petition for dissolution, Contents of petition.
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 Condo nation.
15 Relief in case of opposition on certain grounds.
16 Decrees for dissolution to be nisi, Collusion.
17 Confirmation of decree for dissolution by District Judge.
17A Appointment of officer to exercise duties of King’s Proctor.
Chapter IV Delinquent Juveniles.
18 Petition for decree of nullity.
19 Grounds of decree.
20 Confirmation of District Judge’s decree.
21 Children of annulled marriage.
Chapter 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 hunband or wife may be reversed.
Chapter 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.
Chapter VII Restitution of Conjugal Rights.
32 Petition for restitution of conjugal rights.
33 Answer to petition.
Chapter VIII Damages and Costs.
34 Husband may claim damages from adulterer.
35 Power to order adulterer to pay costs, Power to order litigious intervenor to pay costs.
Chapter IX Alimony
36 Alimony pendente lite.
37 Power to order permanent alimony, Power to order monthly or weekly payments.
38 Court may direct payment of alimony to wife or to her trustee.
Chapter X Settlements.
39 Power to order settlement of wife’s property for benefit of husband and children, Settlement of damages.
40 Inquiry into existence of ante-nuptial or post-nuptial settlements.
Chapter XI Custody of Children.
41 Power to make orders as to custody of children in suit 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.
Chapter XII Procedure.
45 Code of Civil Procedure to apply.
46 Forms of petitions and statements.
47 Petition to state absence of collusion, Statements to be verified.
48 Suits on behalf of lunatics.
49 Suits by minors.
50 Service of petition.
51 Mode of taking evidence.
52 Competence to 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, No appeal as to costs.
56 Appeal to the Supreme Court.
Chapter 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.
Chapter 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.


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