The Divorce Act, 1869
Central Act · Act 4 of 186959 provisions29 citing judgments
The enactment
| Long title | An Act to amend the law relating to Divorce and Matrimonial Causes.� |
|---|---|
| Type | Act |
| Citation | Act 4 of 1869 |
| Year | 1869 |
| Jurisdiction | Central |
| Ministry | Ministry of Law and Justice |
| Status | In force as published by the source |
| Provisions published | 59 |
| Subjects | family |
Full text, provision by provision
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- Section 1 Short title.
- Section 2 Extent of Act.
- Section 3 Interpretation-clause.
- Section 4 Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception.
- Section 5 Enforcement of decrees or orders made heretofore by Supreme or High Court.
- Section 6 Pending suits.
- Section 8 Extraordinary jurisdiction of High Court.
- Section 9 Reference to High Court.
- Section 10 Grounds for dissolution of marriage.13 citing judgments
- Section 10A Dissolution of marriage by mutual consent.3 citing judgments
- Section 11 Adulterer to be co-respondent.
- Section 12 Court to be satisfied of absence of collusion.
- Section 13 Dismissal of petition.
- Section 14 Power to Court to pronounce decree for dissolving marriage.
- Section 15 Relief in case of opposition on certain grounds.
- Section 16 Decrees for dissolution to be nisi.
- Section 17 Power of High Court to remove certain suits.
- Section 18 Petition for decree of nullity.1 citing judgment
- Section 19 Grounds of decree.1 citing judgment
- Section 21 Children of annulled marriage.
- Section 22 Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife
- Section 23 Application for separation made by petition.1 citing judgment
- Section 24 Separated wife deemed spinster with respect to after-acquired property.
- Section 25 Separated wife deemed spinster for purposes of contract and suing.
- Section 26 Decree of separation obtained during absence of husband or wife may be reversed.
- Section 27 Deserted wife may apply to court for protection.
- Section 28 Court may grant protection-order.
- Section 29 Discharge or variation of orders.
- Section 30 Liability of husband seizing wife’s property after notice of order.
- Section 31 Wife’s legal position during continuance of order.
- Section 32 Petition for restitution of conjugal rights.7 citing judgments
- Section 33 Answer to petition.
- Section 34 Omitted.
- Section 36 Alimony pendente lite.1 citing judgment
- Section 37 Power to order permanent alimony.1 citing judgment
- Section 38 Court may direct payment of alimony to wife or to her trustee.
- Section 40 Inquiry into existence of ante-nuptial or post-nuptial settlements.
- Section 41 Power to make orders as to custody of children in suit for separation.
- Section 42 Power to make such orders after decree.
- Section 43 Power to make orders as to custody of children in suits for dissolution or nullity.
- Section 44 Power to make such orders after decree or confirmation.
- Section 45 Code of Civil Procedure to apply.1 citing judgment
- Section 46 Forms of petitions and statements.
- Section 47 Petition to state absence of collusion.
- Section 48 Suits on behalf of lunatics.
- Section 49 Suits by minors.
- Section 50 Service of petition.
- Section 51 Mode of taking evidence.
- Section 52 Competence of husband and wife to give evidence as to cruelty or desertion.
- Section 53 Power to close doors.
- Section 54 Power to adjourn.
- Section 55 Enforcement of, and appeals from, orders and decrees.
- Section 56 Appeal to the Supreme Court.
- Section 57 Liberty to parties to marry again.
- Section 58 English clergyman not compelled to solemnize marriages of persons divorced for adultery.
- Section 59 English Minister refusing to perform ceremony to permit use of his Church.
- Section 60 Decree for separation or protection-order valid as to persons dealing with wife before reversal.
- Section 61 Bar of suit for criminal conversation.
- Section 62 Power to make rules.
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