SectionsParticulars
1Short title
This Act may be cited as the 2[***] Converts' Marriage Dissolution Act, 18663...
2Commencement of Act-Repealed by the Repealing Act, 1874
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3Interpretation-clause
In this Act-"Husband "- 2[***] husband" shall mean a married man domiciled in 4[India], who shall have completed the age of sixteen yeas, and shall not be a C...
4When convert deserted by his wife may sue for conjugal society
If a 2[***] husband changes his religion for Christianity, and if in consequence of such change his 2[***] wife, for the space of six continuous months, deser...
5When convert deserted by her, husband may sue
If a 2[***] wife change her religion for Christianity, and if in consequence of such change her 2[***] husband, for the space of six continuous months, desert...
6Court in which suit shall be brought
If the respondent, at the time of commencement of such suit, reside within the local limits of the ordinary original civil jurisdiction of any of the High Cou...
7Suit to be commenced by verified petition
The suit shall be commenced by a petition in the form in the First Schedule to this Act, or as near thereto as the circumstances of the case will allow.The st...
8On service of petition, citation to respondent
A copy of the petition shall be served upon the respondent, and the Court shall thereupon issue a citation under the seal of the Court and signed by the Judge...
9Form of citation
In ordinary cases the citation shall be in the form in the Second Schedule to this Act, or as near thereto as the circumstances of the case will allow.But whe...
10Service of citation
A copy of the citation sealed with the seal of the Court shall be served on the respondent; and the provisions of the Code of Civil Procedure (5 of 1908) as t...
11Penalty on respondent not obeying citation
If the respondent shall not obey such citation, and comply with every other requirement made upon her or him under the provisions of this Act, she or he shall...
12Points to be proved on appearance of petitioner
On the day fixed in' the citation the petitioner shall appear in Court, and the following points shall be proved:-(1) the identity of the parties;(2) the marri...
13First interrogation of respondent
The respondent, if such points be proved to the satisfaction of the Judge, shall thereupon be asked whether she or he refuses to cohabit with the petitioner, ...
14Interrogations by Judge may be public or private
Every interrogation mentioned in this Act and made by the Judge may, at the discretion of the Judge, take place in open court or in his private room.If any su...
15Procedure when female respondent refuses to cohabit with petitioner Adjournment for a year. Interview
If the respondent be a female, and in answer to the interrogatories of the Judge or Commissioners, as the case may be, shall refuse to cohabit with the petiti...
16Procedure on expiration of adjournment. Interrogation of respondent
At the expiration of such adjournment the petitioner shall again appear in Court and shall prove that the said desertion or repudiation had continued up to th...
17Decree in case of male respondent refusing to cohabit on grounds of petitioner's change of religion
If the respondent be a male, and in answer to the interrogatories of the Judge or Commissioners, as the case may be, shall refuse to cohabit with the petitio...
18Decree if respondent so refuse in case of unconsummated marriage, either party being impubes at time of marriage
Notwithstanding anything hereinbefore contained, if it shall appear at any stage of the suit that both or either of the parties had not attained puberty at t...
19Liberty to parties to marry again
When any decree dissolving a marriage shall have been passed under the provisions of this Act, it shall be as lawful for the respective parties thereto to mar...
20Judge to order commission to issue for examination of exempted persons
In suits instituted under this Act, the Judge shall order a commission to issue to such persons, whether males or females or both, as he shall think fit, for ...
21Proof of marriage and desertion or repudiation of petitioner in consequence of conversion
At any stage of a suit instituted under this Act, cohabitation as man and wife shall be sufficient presumptive evidence of the marriage of the parties, and pr...
22Civil Procedure Code applied
The provisions of the Code of Civil Procedure (5 of 1908) as to the summoning and examination of witnesses shall apply in suits instituted under this Act....
23Dismissal of suit if either party under age required by Act, or if parties cohabiting, or respondent willing to cohabit
If at any stage of the suit it be proved that the male party to the suit is or was at the institution thereof under the age of sixteen years, or that the fema...
24Revival of suit after such dismissal
If at any time within twelve months after a decree dismissing the suit upon any of the grounds mentioned in the last preceding section, the respondent again d...
25Petitioner's cruelty or adultery to bar suit
If at any stage of the suit it be proved that the respondent has deserted or repudiated the petitioner solely or partly in consequence of the petitioner's cru...
26Male petitioner's cohabitation with one of several wives to bar suit
If the petitioner, being a male, has at the time of the institution of the suit two or more wives, he shall make them all respondents; and if at any stage of ...
27Dissolution of marriage not to affect status or right of children
A dissolution of marriage under the provisions of this Act shall not operate to deprive the respondent’s children (if any) by the petitioner of their status a...
28Power to Court to award alimony
If a suit be commenced under the provisions of this Act, and it appear to the Court that the wife has not sufficient separate property to enable her to mainta...
29No appeal under Act; but Judge may state case raising question whether conversion has dissolved marriage
No appeal shall lie against any order or decree made or passed by any Court in any suit instituted under this Act ; but if, at any stage of the suit, the resp...
30Case to state necessary facts and documents, and suit to be stayed
Every such case shall concisely set forth such facts and documents as may be necessary to enable the High Court to decide the questions raised thereby, and th...
31Case to be decided by three Judges
Every such case shall be decided by at least three Judges of the High Court, if such Court be the High Court at any of the presidency-towns; and the petitione...
32High Court may refer case to Judge for additions or alterations
If the High Court shall not be satisfied that the statements contained in the case are sufficient to enable it to determine the questions raised thereby, the ...
33High Court may decide question raised, and Judge shall dispose of case accordingly
It shall be lawful for the High Court, upon the hearing of any such case, to decide the questions raised thereby, and to deliver its judgment thereon containi...
34Saving of Roman Catholic marriage
Nothing contained in this Act 8[***] shall be taken to render invalid any marriage of a 2[***] convert to Roman Catholicism if celebrated in accordance with t...
35Extent of Act
This Act extends to 11[the whole of India 12[except the State of Jammu and Kashmir and the Union territory of Manipur]].]...
The First ScheduleForm Of Petition
(See section 7)Stamp 13[***]To the Judge of the Civil Court of ……………………………………The……………………………………day of……………. 18…………The petition of A. B. of ……………………………………………….Sh...
Foot Notes
1. The Act has not been extended to the State of Manipur, vide Act No. 30 of 1950; has been repealed in its application to Bellary district by Mysore Act No. ...
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