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Divorce Act, 1869 Section 38

Title: Courtmay Direct Payment of Alimony to Wife or to Her Trustee

State: Central

Year: 1869

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.

Indian Divorce Act, 1869 Complete Act

State: Central

Year: 1869

.....upon certain Courts jurisdiction matters matrimonial; It is hereby enacted as follows :-I-PRELIMINARY SECTION 01: SHORT TITLE, COMMENCEMENT OF ACT This Act may be called the3[***] Divorce Act and shall come into operation on the first day of April, 1869. SECTION 02: EXTENT OF ACT 4 [This Act extends to the whole of India5[except the State of Jammu and Kashmir].] Extent of power to grant relief generally,6[Nothing hereinafter contained shall authorise any Court to grant any relief under this Act except where the petitioner7[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, 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.] SECTION 03: INTERPRETATION.....

Divorce Act, 1869 Chapter 9

Title: Alimony

State: Central

Year: 1869

.....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. Power to order monthly or weekly payments.-In every such case the Court may make an order on the husband for payment to the wife of such monthly or weekly sums for her maintenance and support as the Court may think reasonable: Provided that if the husband afterwards from any cause becomes unable to make such payments, it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revive the same order wholly or in part as to the court seems fit. ______________________ 1. Substituted by Act 51 of 2001, section 22, for certain words (w.e.f. 3-10-2001). .....

Divorce Act, 1869 Chapter 1

Title: Preliminary

State: Central

Year: 1869

.....day of April, 1869. ____________________ 1.The word "Indian" omitted by Act 51 of 2001, section 2 (w.e.f. 3-10-2001). Section 2 - Extent of Act 1[This Act extends to2[the whole of India3[except the State of Jammu and Kashmir]]]. Extent of power to grant relief generally, - 4[Nothing hereinafter contained shall authorise any court to grant any relief under this Act except where the petitioner5[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, 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.] ___________________ 1 . Substituted by the A.O. 1948, for the original first paragraph. 2. Substituted by The A.O. 1950, for certain words. .....

Divorce Act, 1869 Section 3

Title: Interpretation-clause

State: Central

Year: 1869

.....for clause (b) by the Himachal Pradesh (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, (w.e.f. 1-11-1966). 3. Clause (bb) omitted by Himachal Pradesh Adoption of Laws (State and Concurrent Subjects) Order, 1973, ) (w.r.e.f. 1-11-1966). 4. Substituted by the Laccadive, Minicoy and Admindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, Section 3 and Schedule, for "Laccadive, Minicoy and Admindivi Islands" (w.e.f. 1-11-1973). 5. Inserted by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, Section 3 and Schedule (w.e.f. 1-11-1966). 6. Substituted by the A.O. 1950, for clause (2). 7. Substituted by Act 51 of 2001, section 3, for "or of whose jurisdiction under this Act" (w.e.f. 03.10.2001). 8. Clauses (6) and (7) omitted by Act 51 of 2001, section 3 (w.e.f. 03.10.2001). 9. Substituted by the A.O. 1950, for "the dominions of Her Majesty".

Divorce Act, 1869 Complete Act

Title: Divorce Act, 1869

State: Central

Year: 1869

Preamble1 - DIVORCE ACT, 1869 Chapter 1 Section1 - Short title, commencement of the Act Section2 - Extent of Act Section3 - Interpretation-clause Chapter 2 Section4 - Matrimonial jurisdiction of High Courts to be exercised subject to Act-Exception Section5 - Enforcement of decrees or orders made heretofore by Supreme Court or High Court Section6 - Pending suits Section7 - Court to act on principles of English Divorce Court(Repealed) Section8 - Extraordinary jurisdiction of High Court Section9 - Reference to High Court Chapter 3 Section10 - Grounds for dissolution of marriage Section10A - Dissolution of marriage by mutual consent Section11 - Adulterer or adulteress to be co-respondent Section12 - Court to be satisfied of absence of collusion Section13 - Dismissal of petition Section14 - Power to court to pronounce decree for dissolving marriage Section15 - Relief in case of opposition on certain grounds Section16 - Decrees for dissolution to be nisi Section17 - Power of High Court to remove certain suits Section17A - Appointment of officer to exercise duties of King's Proctor (Repealed) Chapter 4 Section18 - Petition for decree of nullity Section19 - Grounds of.....

Bombay Civil Courts Act, 1869 Complete Act

State: Central

Year: 1869

.....of papers may be granted. SECTION 42A: Licensed petition-writers: (1) The High Court may, from time to time, make rules consistent with this Act and any other enactment for the time being in force- (a) declaring what persons shall be permitted to act as petition-writers in the Courts subordinate to it; (b) regulating the issue of licenses to such persons, the conduct of business by them. and the scale of fees to be charged by them; and (c) providing a penalty of fine not exceeding fifty rupees for breach of any of the rules so made, and determining the authority by which such breaches of the rules shall be investigated and the penalties imposed. (2) Every fine imposed under clause (c) of sub-section (1) shall be recoverable as if it were a fine imposed by a Magistrate in the exercise of his ordinary jurisdiction.] SECTION 43: Fees for process: The High Court shall from time to time, with the sanction of the State Government, prescribe and regulate the fees to be taken for any process issued by any Court the constitution of which is declared by this Act, or by any officer of such Court. Tables of the fees so prescribed shall be published in the Official Gazette. .....

Government of India Act, 1869 Complete Act

State: Central

Year: 1869

.....Act, and of any other Act of Parliament relating to members of the Council of India, shall apply to members appointed under the provisions of this Act. SECTION 05: Rep. as to U. K. 46 & 47 Vict., c. 39 (S. L. R.). Omitted as being spent. SECTION 06: RESIGNATION OF OFFICE -Any member of Council may by writing under his hand, which shall be recorded in the minutes of the Council, resign his officer;4* * * SECTION 07: PROVISION AS TO FUTURE CHANGES IN CONSTITUTION OF COUNCIL -If at any time hereafter it should appear to Parliament expedient to reduce the number or otherwise to deal with the constitution of the said Council, no member of Council who has not served in his office for a period of ten years shall be entitled to claim any compensation for the loss of his office, or for any alteration in the terms and condition under which the same is held. SECTION 08: APPOINTMENT OF ORDINARY MEMBER OF THE GOVERNOR GENERAL'S COUNCIL AND OF THE PRESIDENCIES -The appointments of the ordinary members of the Governor General's Council, and of the members of Council of the several presidencies5* * * shall6* * * be made by Her Majesty by warrant under her Royal Sign Manual. Footnotes: 1......

Indian Councils Act, 1869 Complete Act

State: Central

Year: 1869

.....of Her Majesty,* * *2without and beyond as well as within the Indian territories under the dominion of Her Majesty. SECTION 03: POWER TO REPEAL OR AMEND CERTAIN SECTIONS OF 3 & 4 WILL. 4, C. 85 -Notwithstanding anything in the Indian Councils Act or in any other Act of Parliament contained, any law or regulation which shall hereafter be made by the Governor General in Council in manner in the said Indian Councils Act provided shall not be invalid by reason only that it may repeal or affect any of the provisions of the Government of India Act, 1833, contained in sections3* * * eighty-four4* * * and eighty-six of the said Act. 1. The words From and after the passing of this Act" were repealed (U. K.) by 56 & 57 Vict " c. -54 (S.L.R:), 2. The words "her heirs and successors were repealed (U. K.) by 56 & 57 Vict., c.54 (S. L. R.). 3. The words "eighty-one, eighty-two, eighty-three" were repeated (U. K.) by 56 & 57 Vict, c.54 (S. L. R.). 4. The word "eighty-five" was repealed (U. K.) -by 56 & 57 Vict., c. 54 (S. L. R.). Central Bare Acts

Procedure of the High Court for Uttar Pradesh Act 1869 Complete Act

State: Central

Year: 1869

.....for 2[Uttar Pradesh]. Preamble. WHEREAS it is expedient to amend the procedure of the High Court of Judicature for3[Uttar Pradesh]; It is hereby enacted as follows -- SECTION 01: TRIAL OF NATIVES AND EUROPEAN BRITISH SUBJECTS CONJOINTLY [Repealed by the Advocate-Generals (Powers) Act, 1875 (10 of 1875).] SECTION 02: RECORD OF EVIDENCE [Repealed by the Advocate-General's (Powers) Act. 1875 (10 of 1875)] SECTION 03: POWER TO AWARD COSTS ON PETITIONS, ETC . Whenever any petition, application or motion is made in any matter coming before the said Court in the exercise of its civil4[* * *] or other jurisdiction, the Court shall have power to award and apportion costs in any manner it may think fit. SECTION 04: PENALTY FOR MAKING FALSE STATEMENTS IN SUPPORT OF PETITIONS, ETC whenever the Court shall require the statements in support of any such petition, application or motion to be verified by a declaration in writing, the per- son making such verification shall, if any such statement is false, and if he either knows or believes it to be false, or dose not believe it to be true, be deemed to have intentionally given false evidence in a stage of a judicial proceeding. Central.....