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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.....

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. .....

Bombay Civil Courts Act, 1869 Part VI

Title: Civil Judges

State: Central

Year: 1869

.....for the words "ten thousand rupees to fifteen thousand rupees" by the Bombay Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act (Maha. Act 46 of 1977), Section 13(b) (1-1-1978). Section 25 - Special jurisdiction of Civil Judge (Senior Division) 1Special jurisdiction of [Civil Judge (Senior Division)] A Civil Judge (Senior Division), in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such suits and proceedings of a civil nature, as may arise within the local jurisdiction to the Courts in the district presided over by1[Civil Judges (Senior Division)]2[and wherein the subject matter exceeds the pecuniary jurisdiction of the1[Civil Judge (Junior Division)] as defined by section 24.]2[and wherein the subject matter exceeds the pecuniary jurisdiction of the1[Civil Judge (Junior Division)] as defined by section 24.] In districts to which more than one1[Civil Judge (Senior Division)] have been appointed, the District Judge, subject to the orders of the High Court, shall assign to each the local limits within which his said special jurisdiction is to be exercised. ________________________ 1. Substituted for.....

Bombay Civil Courts Act, 1869 Section 16

Title: Original Jurisdiction of Additional District Judges

State: Central

Year: 1869

.....exceed or exceeds 5 [fifty thousand rupees]. ______________________ 1. Substituted for the words "Joint Judge" by the Bombay Civil Courts (Amdt.) Act (27 of 1984), Section 2(b) (27-9-1984). Amendments made by this clause are consequential as the rules of grammar may require. 2. Substituted for the words "original suits of which the subject-mailer does not amount to forty thousand rupees in amount or value" by the Bom Civil Courts (Amdt.) Act, 1982 (Maha. Act 10 of 1983), Section 2(a) (1-1-1984). 3. Inserted by Bom Act I of 1900, Section 2. 4. Words "not being of the nature of appeals." omitted by Bom, Act 94 of 1958, Section 4 (1-4-1959). 5. Substituted for the words "twenty five thousand rupees" by Bombay Civil Courts (Amdt.) Act, 1982 (Maha. Act 10 of 1983), Section 2(b) (1-1-1984).

Bombay Civil Courts Act, 1869 Section 24

Title: Classes of Civil Judges

State: Central

Year: 1869

.....A Civil Judge so em1[Civil Judge (Junior Division)] of not less than ten years standing and specially recommended in this behalf by the High Court. A Civil Judge so em __________________________ 1. Substituted for the words "Subordinate Judges" by Bom. Act 10 of 1945, Section 3 read with Bom. Act 48 of 1947. Section 3. 2 . Substituted for the words "ten thousand rupees" where they occur for the first time, by. 3. Proviso inserted by Bom. Act 7 of 1930, Section 3. 4. Substituted for the words "ten thousand rupees to fifteen thousand rupees" by the Bombay Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act (Maha. Act 46 of 1977), Section 13(b) (1-1-1978).

Bombay Civil Courts Act, 1869 Section 28

Title: Power to Invest Civil Judges with Small Cause Powers

State: Central

Year: 1869

.....appeals from appellate decrees.] _________________________ 1. Substituted for the words "one thousand and five hundred rupees" by the Maharashtra Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act (46 of 1977), Section 15(a) (1-1-1978). 2. Substituted for the words "five hundred rupees" where they occur for the second time by the Maharashtra Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act (46 of 1977), Section 15(b) 3. Substituted for the words "twenty-five thousand rupees" by the Bombay Civil Courts (Amdt.) Act, 1982, (10 of 1983), Section 4(1-1-1984). 4. Substituted for the original section by Bom. Act 94 of 1958, S. 7 (1-4-1959).

Divorce Act, 1869 Chapter 3

Title: Dissolution of Marriage

State: Central

Year: 1869

..... 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. Section 13 - 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 proseculed in collusion wilh either of the respondents, then, and in any of the said cases the Court shall dismiss the petition. 1 [***] ______________________ 1. Last paragraph omitted by Act 51 of 2001, section 8 (w.e.f. 3-10-2001). .....

Divorce Act, 1869 Section 14

Title: Power to Court to Pronounce Decree for Dissolving Marriage

State: Central

Year: 1869

.....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. Condonation- No adultery shall be deemed to have been condoned within the meaning of this Act unless where conjugal cohabitation has been resumed or continued. ___________________ 1. Certain words omitted by Act 51 of 2001, section 9 (w.e.f. 3-10-2001).