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Bare Acts

The Divorce Act, 1869

An Act to amend the law relating to Divorce and Matrimonial Causes.

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Act Details

Act Number:

4

Act Year:

1869

Location:

Chhattisgarh

Enactment Date:

1/26/1869

Enforcement Date:

26-04-1869

Department:

Department of LAW AND LEGISLATIVE AFFAIRS

All Section List (Divorce Act)

Section 1 to Section 62

Section 1

Section 2

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

Section 7

Section 8

Extraordinary jurisdiction of High Court.

Section 9

Reference to High Court.

Section 10

Grounds for dissolution of marriage.

Section 10A

Dissolution of marriage by mutual consent.

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 17A

Section 18

Petition for decree of nullity.

Section 19

Grounds of decree.

Section 20

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.

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.

Section 33

Answer to petition.

Section 34

Section 35

Section 36

Alimony pendente lite.

Section 37

Power to order permanent alimony.

Section 38

Court may direct payment of alimony to wife or to her trustee.

Section 39

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.

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.