SectionsParticulars
IPreliminary
1Short 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. ...
2Extent 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 disso...
3Interpretation 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 Stat...
IIJurisdiction
4Matrimonial 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 exer...
5Enforcement 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 Court...
6Pending 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 d...
7Court 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 pri...
8Extraordinary 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 ...
9Reference 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 Distr...
IIIDissolution Of Marriage
10When 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, sin...
11Adulterer 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...
12Court 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 a...
13Dismissal 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...
14Power 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 a...
15Relief 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,...
16Decrees 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 dec...
17Confirmation 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 ...
17AAppointment of officer to exercise duties of King's Proctor
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 i...
IVNullity Of Marriage
18Petition 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. ...
19Grounds of decree
Such decree may be made on any of the following grounds,- (1) that the respondent was important at the time of the marriage and at the time of the institution ...
20Confirmation 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, ...
21Children 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 fa...
VJudicial Separation
22Bar 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...
23Application 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 C...
24Separated 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 un...
25Separated 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, an...
26Decree 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 t...
VIProtection-Orders
27Deserted 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 Dis...
28Court 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 in...
29Discharge 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 ...
30Liability 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,...
31Wife'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 a...
VIIRestitution Of Conjugal Rights
32Petition 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 ...
33Answer 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 dec...
VIIIDamages And Costs
34Husband 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...
35Power 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 orde...
IXAlimony
36Alimony 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...
37Power 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 wi...
38Court 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 ...
XSettlements
39Power 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 t...
40Inquiry 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 dissoluti...
XICustody Of Children
41Power 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 provisi...
42Power 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,...
43Power 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 ...
44Power 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...
XIIProcedure
45Code 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. ...
46Forms 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 mention...
47Stamp 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 t...
48Suits 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 be...
49Suits 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 Ac...
50Service 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 gen...
51Mode 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 ...
52Competence 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, ...
53Power 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. ...
54Power 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. ...
55Enforcement 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 decree...
56Appeal 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,...
XIIIRe-Marriage
57Liberty 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...
58English 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...
59English 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 wo...
XIVMiscellaneous
60Decree 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...
61Bar 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 hi...
62Power 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: that ...
Schedule Of Forms
No.1Petition 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...
No.2Respondent'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, b...
No.3Co-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-responden...
No.4Petition 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. ...
No.5Petition 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....
No.6Statement 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 co...
No.7Statement 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 ...
No.8Petition 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. (wi...
No.9Statement 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 i...
No.10Petition 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....
No.11Petition 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...
No.12Petition For Alimony Pending The Suit
(Section 36) In the (High) Court of ………………………………..................................... B. against B. To the Hon’ble Mr. Justice.................... or To the Ju...
No.13Statement 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, ...
No.14Undertaking By Minor's Next Friend To Be Answerable ForRespondent'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 p...
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