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Contents DIVORCE ACT, 1869 PAGE
I PRELIMINARY 1. Short title, commencement of Act
1
2. Extent of Act
1
3. Interpretation-clause
2 II JURISDICTION
4. Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception
4
5. Enforcement of decrees or orders made heretofore by Supreme Court or High Court
4
6. Pending suits
5
7. [Omitted by the Indian Divorce (Amendment) Act, 2001, w.e.f. 3-10-2001]
5
8. Extraordinary jurisdiction of High Court
5
9. Reference to High Court
6 III
DISSOLUTION OF MARRIAGE 10. Grounds for dissolution of marriage 10A. Dissolution of marriage by mutual consent I-5
7 10
CONTENTS
I-6 PAGE
11. 12. 13. 14. 15. 16. 17. 17A.
Adulterer or adulteress to be co-respondent Court to be satisfied of absence of collusion Dismissal of petition Power to court to pronounce decree for dissolving marriage Relief in case of opposition on certain grounds Decrees for dissolution to be nisi Power of High Court to remove certain suits [Omitted by the Indian Divorce (Amendment) Act, 2001, w.e.f. 3-10-2001]
11 12 13 13 15 15 16 16
IV NULLITY OF MARRIAGE 18. Petition for decree of nullity 19. Grounds of decree 20. [Omitted by the Indian Divorce (Amendment) Act, 2001, w.e.f. 3-10-2001] 21. Children of annulled marriage
17 17 19 19
V JUDICIAL SEPARATION 22. Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife 23. Application for separation made by petition 24. Separated wife deemed spinster with respect to after-acquired property 25. Separated wife deemed spinster for purposes of contract and suing REVERSAL OF DECREE OF SEPARATION 26. Decree of separation obtained during absence of husband or wife may be reversed
20 20 21 21
21
VI PROTECTION-ORDERS 27. Deserted wife may apply to court for protection
22
28. Court may grant protection-order
22
29. Discharge or variation of orders
23
30. Liability of husband seizing wife’s property after notice of order
23
31. Wife’s legal position during continuance of order
23
I-7
CONTENTS PAGE
VII RESTITUTION OF CONJUGAL RIGHTS 32. Petition for restitution of conjugal rights
23
33. Answer to petition
24 VIII DAMAGES AND COSTS
34. [Omitted by the Indian Divorce (Amendment) Act, 2001, w.e.f. 3-10-2001] 35. [Omitted by the Indian Divorce (Amendment) Act, 2001, w.e.f. 3-10-2001]
24 24
IX ALIMONY 36. Alimony pendente lite
24
37. Power to order permanent alimony
25
38. Court may direct payment of alimony to wife or to her trustee
25
X SETTLEMENTS 39. [Omitted by the Indian Divorce (Amendment) Act, 2001, w.e.f. 3-10-2001]
26
40. Inquiry into existence of ante-nuptial or post-nuptial settlements
26
XI CUSTODY OF CHILDREN 41. Power to make orders as to custody of children in suits for separation 42. Power to make such orders after decree
26 27
43. Power to make orders as to custody of children in suits for dissolution or nullity
27
44. Power to make such orders after decree or confirmation
27
XII PROCEDURE 45. Code of Civil Procedure, 1908 to apply
27
CONTENTS
I-8 PAGE
46. Forms of petitions and statements
28
47. Petition to state absence of collusion
28
48. Suits on behalf of lunatics
28
49. Suits by minors
28
50. Service of petition
28 28
51. Mode of taking evidence 52. Competence of husband and wife to give evidence as to cruelty or desertion
29
53. Power to close doors
29
54. Power to adjourn
29
55. Enforcement of, and appeal from, orders and decree
29 29
56. Appeal to the Supreme Court XIII RE-MARRIAGE 57. Liberty to parties to marry again
30
58. English clergyman not compelled to solemnize marriages of persons divorced for adultery
30
59. English Minister refusing to perform ceremony to permit use of his Church
30
XIV MISCELLANEOUS 60. Decree for separation or protection-order valid as to persons dealing with wife before reversal
30
61. Bar of suit for criminal conversation
31
62. Power to make rules
31
SCHEDULE OF FORMS
31
SUBJECT INDEX
39
Divorce Act, 1869 [4 OF 1869]1 An Act to amend the law relating to Divorce and Matrimonial Causes 2[***] 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 Short title, Commencement of Act. 1. This Act may be called the 3[***] Divorce Act, and shall come into operation on the first day of April, 1869. Extent of Act. 2. This Act extends to 4[the whole of India 5[except the State of Jammu and Kashmir6]]. Extent of power to grant relief generally—Nothing hereinafter contained shall 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 India at the time of presenting the petition,
1. 2. 3. 4. 5.
Dated 26-2-1869. Words “in India” omitted by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951. Word “Indian” omitted by the Indian Divorce (Amendment) Act, 2001, w.e.f. 3-10-2001. Substituted by the Adaptation of Laws Order, 1950. Substituted for “except Part B States” by the Part B States (Laws) Act, 1951, w.e.f. 1-4-1951.
6. This Act made applicable to Union territory of Jammu and Kashmir and Union territory of Ladakh by the Jammu and Kashmir Reorganisation (Removal of Difficulties) Order, 2019, w.e.f. 31-10-2019.
1
S. 3
DIVORCE ACT, 1869
2
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. COMMENTS SECTION NOTES
Application of this Act Basic condition to be satisfied for Court to grant any relief under this Act u
The Court can any grant relief under this Act only where either or both spouses profess the Christian religion,
Additional condition of domicile in India of both spouses be satisfied for relief of dissolution of marriage u
If the relief sought is a decree of dissolution of marriage, then, in addition to the above basic condition of either or both spouses being a Christian, the additional condition to be satisfied is that the parties to the marriage(both husband and wife) must be domiciled in India at the time when the petition is presented,
Additional conditions of solemnization of marriage in India and residence of petitioner in India to be satisfied for relief of decree of nullity of marriage u
If the relief sought is a decree of nullity of marriage, then, in addition to the above basic condition of either or both spouses being a Christian, the additional conditions to be satisfied are: n
the marriage has been solemnized in India and
n
the petitioner is resident in India at the time of presenting the petition,
Additional condition of residence of petitioner in India to be satisfied for any relief other than decree of dissolution of marriage or decree of nullity of marriage n
For the grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage, then, in addition to the above basic condition of either or both spouses being a Christian, the additional condition to be satisfied is that the petitioner resides in India at the time of presenting the petition.
See also Section 61
Interpretation-clause. 3. In this Act, unless there be something repugnant in the subject or context,— [(1)“High Court”— “High Court” means with reference to any area:-
7
(a) in a State, the High Court for that State; [(b) in Delhi, the High Court of Delhi;
8
(bb) 9[***]] 7. Substituted by Adaptation of Laws (No. 2) Order, 1956, w.e.f. 1-11-1956. 8. Substituted by the Himachal Pradesh (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, w.r.e.f. 1-11-1966. 9. Omitted by Himachal Pradesh Adaption of Laws (on State and concurrent subjects) Order, 1973, w.r.e.f. 25-1-1971.
3
DIVORCE ACT, 1869
S. 3
(c) in Manipur and Tripura, the High Court of Assam; (d) in the Andaman and Nicobar Islands, the High Court at Calcutta; (e) in 10[Lakshadweep], the High Court of Kerala; [(ee) in Chandigarh, the High Court of Punjab and Haryana;]
11
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:] [(2) “District Judge” means a Judge of a principal civil court of original jurisdiction however designated:]
12
(3) “District Court” means, in the case of any petition under this Act, the Court of the District Judge within the local limits of whose ordinary jurisdiction, 13[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: (6) 14[***] (7) 14[***] (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 within 15[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. COMMENTS SECTION NOTES
3.1 Minor Children [Section 3(5)] “Minor children” means: 10. Substituted for “Laccadive, Minicoy and Amindivi Islands” by the Laccadive, Minicoy and Admindivi Islands (Alteration of Name ) Adaptation of Laws Order, 1974, w.r.e.f. 1-11-1973. 11. Inserted by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, w.r.e.f. 1-11-1966. 12. Substituted by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950. 13. Substituted for “or of whose jurisdiction under this Act” by the Indian Divorce (Amendment) Act, 2001, w.e.f. 3-10-2001. 14. Clauses (6) and (7) omitted, ibid. 15. Substituted for “the dominions of Her Majesty” by the Adaptation of Laws Order, 1950, w.e.f. 26-1-1950.
DIVORCE ACT 1869 – BARE ACT WITH SECTION NOTES AUTHOR PUBLISHER DATE OF PUBLICATION EDITION ISBN NO NO. OF PAGES BINDING TYPE
: : : : : : :
TAXMANN'S EDITORIAL BOARD TAXMANN DECEMBER 2025 2026 EDITION 9789371268639 52 PAPERBACK
Rs. 115
DESCRIPTION Divorce Act 1869 [Bare Act with Section Notes] by Taxmann is a concise publication presenting the legislative text of the Act, accompanied by clear, section-wise commentary. Its explanatory notes simplify legal terms, outline procedures, and highlight recent legislative changes. This book is intended for the following audience: � Legal Practitioners & Advocates � Judges & Judicial Officers � Law Students & Academics � Mediators & Counsellors � General Readers/Researchers The Present Publication is the 2026 Edition, covering the amended and updated text of the Divorce Act [Act No. 4 of 1869], with the following noteworthy features: • [Authentic Text of the Act] Presents the updated statutory text with all modifications and omissions • [Section Notes and Comments] Each provision is followed by concise notes on context, legislative history, and procedural implications • [User-friendly Layout] Clear headings, sub-headings, and bold highlights for quick and convenient reference • [Latest Amendments] Incorporates all legislative updates up to date • [Pre-amendment Provisions] Offers previous text in amendment footnotes for a comparative understanding • [Additional Commentary] Covers jurisdiction, matrimonial procedures, filing protocols, and appeals to supplement the bare text • [Comprehensive Subject Index & Forms] Detailed indexing and sample petition forms for practical use and faster research
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