The Divorce Act, 1869

THE DIVORCE ACT, 1869

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Section 3 — Interpretation-clause. II

Section 9 — Reference to High Court. III

THE DIVORCE ACT, 1869 ______ ARRANGEMENT OF SECTIONS ______ PREAMBLE I.—PRELIMINARY SECTIONS 1. Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity. Matrimonial jurisdiction of High Courts to be exercised subject to Act. Enforcement of decrees or orders made heretofore by Supreme or High Court. Extraordinary jurisdiction of High Court. Grounds for dissolution of marriage 10A .Dissolution of marriage by mutual consent.

IV.—NULLITY OF MARRIAGE

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Section 21 — Children of annulled marriage. V

Section 26 — Decree of separation obtained during absence of husband or wife may bereversed. VI

Section 31 — Wife’s legal position during continuance of order. VII

Section 33 — Answer to petition. VIII

Section 35 — [Omitted.]. IX

Section 38 — Court may direct payment of alimony to wife or to her trustee. X

IV.—NULLITY OF MARRIAGE SECTIONS 18. Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife. Application for separation made by petition. Separated wife deemed spinster with respect to after-acquired property. Separated wife deemed spinster for purposes of contract and suing. Reversal of Decree of Separation 26.

XI.—CUSTODY OF CHILDREN

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Section 44 — Power to make such orders after decree or confirmation. XII

Section 56 — Appeal to the Supreme Court. XIII

Section 59 — English Minister refusing to perform ceremony to permit use of his Church. XIV

XI.—CUSTODY OF CHILDREN SECTIONS 41. Power to make orders as to custody of children in suit for separation. Power to make such orders after decree. Power to make orders as to custody of children in suits for dissolution or nullity. Power to make such orders after decree or confirmation. Petition to state absence of collusion.

SCHEDULE OF FORMS

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Petition by husband for a dissolution of marriage with damages againstco-respondent, by reason of adultery. Respondent’s statement in answer to No. Co-respondent’s statement in answer to No. Petition for decree of Nullity of Marriage. Petition by wife for judicial separation on the ground of her husband’s adultery. Petition for a judicial separation by reason of cruelty.

THE DIVORCE ACT, 1869

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Section 1 — Short title. Commencement of Act

Section 2 — Extent of Act

4 OF 1869 [26th February, 1869.] 2 An Act to amend the law relating to Divorce and Matrimonial Causes ***. Preamble.—WHEREAS it is expedient to amend the law relating to the divorce of persons professing the Christian religion, and to confer upon certain Courts jurisdiction in matters matrimonial; it is hereby enacted as follows:— I.—PRELIMINARY 3 1. Commencement of Act.—This Act may be called the *** Divorce Act, and shall come into operation on the first day of April, 1869. Extent of Act.— [This Act extends to [the whole of India [except the state of Jammu and Kashmir*]].] 7 Extent of power to grant relief generally.— [Nothing hereinafter contained shall 8 authorise any Court to grant any relief under this Act except where the petitioner [or respondent] professes the Christian religion, and to make decrees of dissolution.—or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in India at the time when the petition is presented, or of nullity.—or to make decrees of nullity of marriage except where the marriage has been solemnized in India and the petitioner is resident in In dia at the time of presenting the petition, or to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage, except where the petitioner resides in India at the time of presenting the petition.] 3.Interpretation-clause.—In this Act, unless there be something repugnant in the subject or context,— 9 [(1) “High Court”.—“High Court” means with reference to any area:— (a)in a State, the High Court for that State; 10 [(b)in Delhi, the High Court of Delhi; (bb)in Himachal Pradesh, the High Court of Punjab and Haryana up to and inclusive of the 30th April, 1967 and the High Court of Delhi thereafter;] (c) in Manipur and Tripura, the High Court of Assam; (d) in the Andaman and Nicobar Islands, the High Court at Calcutta; 11 (e) in [Lakshadweep], the High Court of Kerala; 12 [(ee) in Chandigarh, the High Court of Punjab and Haryana;] 1. For Statement of Objects and Reasons, see Calcutta Gazette, 1863, p. 173; for Report of Select Committee, see Gazette of India, 1869, p.

and in the case of any petition under this Act, “High Court” means the High Court for the area where

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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 7 — [Court to act on principles of English Divorce Court]

Section 8 — Extraordinary jurisdiction of High Court

and in the case of any petition under this Act, “High Court” means the High Court for the area where the husband and wife reside or last resided together;] 1 [(2) “District Judge” means a Judge of a principal civil court of original jurisdiction however designated;] (3) “District Court” means, in the case of any petition under this Act, the court of the District 2 Judge within the local limits of whose ordinary jurisdiction, [or of whose jurisdiction under this Act the marriage was solemnized or] the husband and wife reside or last resided together; (4) “Court” means the High Court or the District Court, as the case may be; (5) “minor children” means, in the case of sons of Native fathers, boys, who have not completed the age of sixteen years, and, in the case of daughters of Native fathers, girls who have not completed the age of thirteen years; In other cases it means unmarried children who have not completed the age of eighteen years; 3 [* * * * *] 4 [* * * * *] (8) “marriage with another woman” means marriage of any person, being married, to any other person, during the life of the former wife, whether the second marriage shall have taken place 5 within [India] or elsewhere; (9) “desertion”, implies an abandonment against the wish of the person charging it; and (10) “property” includes in the case of a wife, any property to which she is entitled for an estate in remainder or reversion or as a trustee, executrix or administratrix; and the date of the death of the testator or intestate shall be deemed to be the time at which any such wife becomes entitled as executrix or administratrix. Matrimonial 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 exercised by such courts and by the District Courts subject to the provisions in this Act contained, and not otherwise; except so far as relates to the granting of marriage-licenses, which may be granted as if this Act had not been passed. Enforcement of decrees or orders made heretofore by Supreme 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 Courts sitting in the exercise of their matrimonial jurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by the said High Courts, respectively, as hereinafter mentioned, in like manner as if such decree or order had been originally made under this Act by the Court so enforcing or dealing with the same. Pending 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 decided by such court, so far as may be, as if they had been originally instituted therein under this Act. Extraordinary 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 in the Court of any District Judge within the limits of its jurisdiction under this Act.

Power to transfer suits.—The High Court may also withdraw any such suit or proceeding, and

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Section 10 — Grounds for dissolution of marriage

Power to transfer suits.—The High Court may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the Court of any other such District Judge. Reference 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 District Court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon, the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the case and refer it, with the Court’s own opinion thereon, to the decision of the High Court. If the question has arisen previous to or in the hearing, the District Court may either stay such proceedings, or proceed in the case pending such reference, and pass a decree contingent upon the opinion of the High Court upon it. If a decree or order has been made, its execution shall be stayed until the receipt of the order of the High Court upon such reference. III.—DISSOLUTION OF MARRIAGE 1 [10. Grounds for dissolution of marriage.—(1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent— (i) has committed adultery; or (ii) has ceased to be Christian by conversion to another religion; or (iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or 2 * * * * * (v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or (vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or (vii) has wilfully refused to consummate the marriage and the marriage has not therefore been consummated; or (viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or (ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or (x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.

(2) A wife may also present a petition for the dissolution of her marriage on the ground that the

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Section 11 — Adulterer or adulteress 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

(2) A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.] 1 [10A .Dissolution of marriage by mutual consent.—(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the mean time, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree. ]. Adulterer or adulteress to be co-respondent.—On a petition for dissolution of marriage presented by a husband or wife on the ground of adultery, the petitioner shall make the alleged adulterer or adulteress a co-respondent, unless the petitioner is excused by the Court from so doing on any of the following grounds, namely:— (a) that the wife, being the respondent is leading the life of a prostitute or the husband, being respondent is leading an immoral life and that the petitioner knows of no person with whom the adultery has been committed; (b) that the name of the alleged adulterer or adulteress is unknown to the petitioner although the petitioner has made due efforts to discover it; (c) that the alleged adulterer or adulteress is dead.]. Court 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 also whether or not the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery, or has condoned the same, and shall also enquire into any countercharge which may be made against the petitioner. Dismissal 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 alleged adultery has been committed, or finds that the petitioner has, during the marriage, been accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, then and in any of the said cases the Court shall dismiss the petition. Power 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 accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, 1. Last paragraph of section 13 omitted by s.

the Court shall pronounce a decree declaring such marriage to be dissolved ***:

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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

1 the Court shall pronounce a decree declaring such marriage to be dissolved ***: Provided that the Court shall not be bound to pronounce such decree if it finds that the petitioner has, during the marriage, been guilty of adultery, or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in presenting or prosecuting such petition, or of cruelty towards the other party to the marriage, or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse, or of such wilful neglect or misconduct of or towards the other party as has conduced to the adultery. Relief 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 2 a husband, of his adultery, cruelty, or desertion *** or, in case of such a suit instituted by a wife, on 3 the ground of [her adultery or cruelty or desertion], the Court may in such suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief, and the respondent shall be competent to 4 give evidence of or relating to [such adultery, cruelty] or desertion. Decrees for dissolution to be nisi.—Every decree for dissolution of marriage made by a High 5 Court *** shall in the first instance, be a decree nisi, not to be made absolute till after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court, by general or special order from time to time, directs. During that period any person shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to show cause why the said decree should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the Court. Whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move to have such decree made absolute, the High Court may dismiss the suit. Power of High Court to remove certain suits.—During the progress of the suit in the Court of the District Judge, any person suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to apply to the High Court to remove the suit under section 8, and the Court shall thereupon, if it thinks fit, remove such suit and try and determine the same as a Court of original jurisdiction, and the provisions contained in section 16 shall apply to every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged collusion as may be necessary, to enable him to make a decree in accordance with the justice of the case.] 1.

17A. [Appointment of officer to exercise duties of King’s Proctor].—[Omitted by the Indian

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Section 17A — [Appointment of officer to exercise duties of King’s Proctor]

Section 18 — Petition for decree of nullity

Section 19 — Grounds of decree

Section 20 — [Confirmation of District Judge’s decree]

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

17A. [Appointment of officer to exercise duties of King’s Proctor].—[Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001), s. 3-10-2001).] IV.—NULLITYOF MARRIAGE 18. 20. [Confirmation of District Judge’s decree].—[Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001), s. The words “or to the High Court” omitted by Act 51 of 2001, s. The words “without reasonable excuse” omitted by s. The words “or to the High Court” omitted by Act 51 of 2001, s.

25. Separated wife deemed spinster for purposes of contract and suing.—In every case of a

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Section 25 — Separated wife deemed spinster for purposes of contract and suing

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

Separated 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 purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceedings; and her husband shall not be liable in respect of any contact, act or costs entered into, done, omitted or incurred by her during the separation: Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use: Provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband. Decree 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 any time thereafter, present a petition to the Court by which the decree was pronounced, praying for a reversal of such decree, on the ground that it was obtained in his or her absence, and that there was reasonable excuse for the alleged desertion, where desertion was the ground of such decree. The Court may, on being satisfied of the truth of the allegations of such petition reverse the decree accordingly; but such reversal shall not prejudice or affect the rights or remedies which any other person would have had, in case it had not been decreed, in respect of any debts, contracts, or acts of the wife incurred, entered into, or done between the times of the sentence of separation and of the reversal thereof. Deserted wife may apply to court for protection.—Any wife to whom section 4 of the 1 Indian Succession Act, 1865 (10 of 1865) does not apply, may, when deserted by her husband, 2 present a petition to the District Court ***, at any time after such desertion, for an order to protect any property which she may have acquired or may acquire, and any property of which she may have become possessed or may become possessed after such desertion, against her husband or his creditors, or any person claiming under him. Every such order shall state the time at which the desertion commenced, and shall, as regards all persons dealing with the wife in reliance thereon, be conclusive as to such time. Wife’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 1.

like position in all respects, with regard to property and contracts and suing and being sued, as she

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Section 32 — Petition for restitution of conjugal rights

Section 34 — [Husband may claim damages from adulterer]

Section 36 — Alimony pendente lite

Section 37 — Power to order permanent alimony

like position in all respects, with regard to property and contracts and suing and being sued, as she would be under this Act if she obtained a decree of judicial separation. VII.— RESTITUTION OF CONJUGAL RIGHTS 32. Petition 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 1 apply, by petition to the District Court *** for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. Answer 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 decree of nullity of marriage. Alimony pendente lite.—In any suit under this Act, whether it be instituted by a husband or a 2 wife, and whether or not she has obtained an order of protection [the wife may present a petition for expenses of the proceedings and alimony pending the suit.] Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the 3 statements therein contained, may make such order on the husband [for payment to the wife of the expenses of the proceedings and alimony pending the suit] alimony pending the suit as it may deem just: 4 * * * * * 5 [Provided further that the petition for the expenses of the proceedings and alimony pending the suit, shall, as far as possible, be disposed of within sixty days of service of such petition on the husband.] 6 37. Power to order permanent alimony.— [Where a decree of dissolution of the marriage or a decree of judicial separation is obtained by the wife, the District Court may order that the husband shall] to the satisfaction of the court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as, having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may cause a proper instrument to be executed by all necessary parties.

38. Court may direct payment of alimony to wife or to her trustee.—In all cases in which the

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Section 39 — [Power to order settlement of wife’s property for benefit of husband and children]

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

Court 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 behalf to be approved by the court, and may impose any terms or restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it appears to the Court expedient so to do. X.—SETTLEMENTS 39. [Power to order settlement of wife’s property for benefit of husband and children].—[Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001), s. Inquiry into existence of ante-nuptial or post-nuptial settlements.— [The District Court may, before passing a decree for dissolution of the marriage or a decree of nullity of marriage, inquire into]the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree, and may make such orders, with reference to the application of the whole or a portion of the property settled, whether for the benefit of the husband or the wife, or of the children (if any) of the marriage, or of both children and parents, as to the Court seems fit: Provided that the Court shall not make any order for the benefit of the parents or either of them at the expense of the children. Power to make orders as to custody of children in suit 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 provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the said Court: 2 [Provided that the application with respect to the maintenance and education of the minor children pending the suit, shall, as far as possible, be disposed of within sixty days from the date of service of notice on the respondent.] 42. Power 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, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree, or for placing such children under the protection of the said court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending. Power 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 a District Court, the Court may from time to time before making its decree, make such interim orders as it may deem proper] with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit, and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection of the court.

been made by such decree absolute or decree (as the case may be), or by such interim orders as

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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

been made by such decree absolute or decree (as the case may be), or by such interim orders as aforesaid. Forms of petitions and statements.—The forms set forth in the Schedule to this Act, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in such Schedule. Petition to state absence of collusion.—Every petition under this Act for a decree of 2 3 dissolution of marriage, or of nullity of marriage, or of judicial separation *** shall *** state that there is not any collusion or connivance between the petitioner and the other party to the marriage. 4 Such undertaking *** shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit. Provided that the court may dispense with such service altogether in case it seems necessary or expedient so to do. Competence of husband and wife to give evidence as to cruelty or desertion.—On any 6 petition presented, [by a husband or a wife, praying that his or her marriage may be dissolved by reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or desertion], the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.

XIII.—RE-MARRIAGE.

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Section 53 — Power to close doors

Section 54 — Power to adjourn

Section 55 — Enforcement of, and appeal from, orders and decree

Section 57 — Liberty to parties to marry again

Section 60 — Decree for separation or protection-order valid as to persons dealing with wife before reversal

Power 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. Power 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. Enforcement of, and appeal from, orders and decree.—All decrees and orders made by the Court in any suit or proceedings under this Act shall be enforced and may be appealed from, in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction are enforced and may be appealed from, under the laws, rules and orders for the time being in force: 1 * * * * * 2 No appeal as to costs. — [Provided] that there shall be no appeal on the subject of costs only. Liberty to parties to marry again.—Where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the Supreme Court or an appeal has been presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again.] 58. English clergyman not compelled to solemnize marriages of persons divorced for 5 6 adultery.—No clergyman in Holy Orders of the *** Church of England *** shall be compelled to solemnize the marriage of any person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person. English Minister refusing to perform ceremony to permit use of his Church. — When any 5 Minister of any Church or Chapel of the said *** Church refuses to perform such marriage-service between any persons who but for such refusal would be entitled to have the same service performed in such Church or Chapel, such Minister shall permit any other Minister in Holy Orders of the said Church, entitled to officiate within the diocese in which such Church or Chapel is situate, to perform such marriage-service in such Church or Chapel.

decree or order been discontinued, be protected and indemnified as if, at the time of such payment,

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Section 61 — Bar of suit for criminal conversation

Section 62 — Power to make rules

decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued, unless, at the time of the payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation. Bar 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 his wife. Power 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: Provided that such rules, alterations and additions are consistent with the provisions of this Act and 1 the [Code of Civil Procedure, 1908 (5 of 1908)]. All such rules, alteration and additions shall be published in the Official Gazette. 31, for “Code of Civil Procedure” (w.e.f.

THE SCHEDULE

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THE SCHEDULE ______________ SCHEDULE OF FORMS No. 1. —PETITION by husband for a dissolution of marriage with damages against co-respondent, by reason of adultery. (See sections 10 and 34). In the (High) Court of To the Hon’ble Mr. Justice [or To the Judge of ] The day of 186 . The petition of A.B., of SHEWETH, 1. That your petitioner was on the day of , one thousand eight hundred and , lawfully married to C.B., then C.D., spinster at . (a) 2.

No. 3.—Co-respondent’s statement in answer to No. 1

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3.—Co-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-respondent, in answer to the petition filed in this cause, saith that he denies that he committed adultery with the said C.B., as alleged in the said petition. Wherefore the said X.Y., prays that this (Hon’ble) Court will reject the prayer of the said petitioner and order him to pay the costs of and incident to the said petition. (Signed) X.Y. _____ No. 4.—PETTION for Decree of Nullity of Marriage (See section 18) In the (High) Court of To the Hon’ble Mr. The Petition of A.B, falsely called A.D., SHEWETH, 1.

2. That after her said marriage, your petitioner cohabited with the said A.B. at and

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That after her said marriage, your petitioner cohabited with the said A.B. at and that your petitioner and her said husband have issue living of their said marriage, three children, to wit, etc., etc., (a). That on diverse occasions in or about the months of August, September and October, one thousand eight hundred and sixty the, said A.B., at aforesaid, committed adultery with E.F., who was then living in the service of the said A.B., and your petitioner at their said residence aforesaid. That on diverse occasions in the months ofOctober, Novemberand December, one thousand eight hundred and sixty the said A.B.,at aforesaid, committed adultery with G.H., who was then living in the service of the said A.B. and your petitioner at their said residence aforesaid. That no collusion or connivance exists between your petitioner and the said A.B., with respect to the subject of the present suit. Your petitioner, therefore, prays that this (Hon’ble) Court will decree a judicial separation to your petitioner from her said husband by reason of his aforesaid adultery. (Signed) C.B. (b) Form of Verification : See No. That the petitioner condoned the said adultery with E.F., if any.

No. 8 —PETITION for a judicial separation by reason of cruelty

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8 —PETITION for a judicial separation by reason of cruelty (See section 22) In the (High) Court of To the Hon’ble Mr. The day of 186 The petition of A.B. (wife of C.B.) of SHEWETH, 1. That from and shortly after your petitioner’s said marriage, the said C.B. habitually conducted himself towards your petitioner with great harshness and cruelty, frequently abusing her in the coarsest and most insulting language, and beating her with his fists, with a cane, or with some other weapon. That on the afternoon of the day of one thousand eight hundred and , your petitioner, by reason of the great and continued cruelty practised towards her by her said husband, with assistance withdrew from the house of her said husband to the house of her father at that from and after the said day of , one thousand eight hundred and your petitioner hath lived separate and apart from her said husband, and hath never returned to his house or to cohabitation with him. Your petitioner, therefore, prays that this (Hon’ble) Court will decree a judicial separation between your petitioner and the said C.B., and also order that the said C.B., do pay the costs of and incident to these proceedings. (Signed) A.B. 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 in this cause by W.J. his attorney [or vakil] saith that he denies that he has been guilty of cruelty towards the said A.B., as alleged in the said petition. (Signed) C.B. _______ 20

No. 10.—PETITION for reversal of decree of separation

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10.—PETITION for reversal of decree of separation (See section 24) In the (High) Court of To the Hon’ble Mr. The day of 186 The petition of A.B., of SHEWETH, 1. That on the day of this (Hon’ble) Court at the petition of , pronounced a decree affecting the petitioner to the effect following, to wit,— [Here set out the decree] 3. That such decree was obtained in the absence of your petitioner, who was then residing at [State facts tending to show that the petitioner did not know of the proceedings; and further, that had he known he might have offered a sufficient defence.] or That there was reasonable ground for your petitioner leaving his said wife, for that his said wife [Here state any legal grounds justifying the petitioner’s separation from his wife.] Your petitioner, therefore, prays that this (Hon’ble) Court will reverse the said decree. (Signed) A.B. 11.—PETITION for Protection-order (See section 27) In the (High) Court of To the Hon’ble Mr. The petition of C.B., of the wife of A.B.

No. 12.—PETITION for Alimony pending the suit

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12.—PETITION for Alimony pending the suit (See section 36) In the (High) Court of B. against B. The petition of C.B., the lawful wife of A.B. Your petitioner, therefore, prays that this (Hon’ble) Court will decree such sum or sums of money by way of alimony, pending the suit, as to this (Hon’ble) Court may seem meet. (Signed) C.B. A.B., of , the above-named respondent, in answer to the petition for alimony, pending the suit, of C.B., says — 1. In answer to the first paragraph of the said petition, I say that I have for the last three years carried, on the business of , at and that, from such business, I have derived a net annual income of Rs. In answer to the second paragraph of the said petition, I say that I am possessed of plate, furniture, linen and other chattels and effects at my said house aforesaid, of the value of Rs.

5. And, in further answer to the said petition, I say that, when my wife left, my dwelling-house on

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And, in further answer to the said petition, I say that, when my wife left, my dwelling-house on the day of last, she took with her, and has ever since withheld and still withholds from me, plate, watches and other effects in the second paragraph of this my answer mentioned, of the value of, as I verily believe, Rs. 800 at the least; and I also say “that, within five days of her departure from my house as aforesaid, my said wife received bills due to me from certain lodgers of mine, amounting in the aggregate to Rs. and that she has ever since withheld and still withholds from me the same sum. (Signed) A.B. _______ No. 14.—UNDERTAKING by minor’s next friend to be answerable for respondent’s costs (See 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 petition in this Court, under the Indian Divorce Act, against D.D. of , hereby undertake to be responsible for the costs of the said D.D. in such suit, and that, if the said C.D. fail to pay to the said D.D. when and in such manner as the court shall order all such costs of such suit as the court shall direct him [or her] to pay to the said D.D., will forthwith pay the same to the proper officer of this court. Dated this. day of 186 . (Signed) A.B. _______ 23