Bare Act Search Results

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 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 16

Title: Decrees for Dissolution to Benisi

State: Central

Year: 1869

.....period any person shall be at liberty, in such manner as the High Court by general or special order from time to time direct, 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. On cause being so shown, the Court shall deal with the case by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand. The High Court may order the cost of Counsel and witnesses and otherwise arising from such cause being shown, to be paid by the parties or such one or more of them as it thinks fit, including a wife if she have separate property. 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. _________________ 1.The words "not being a confirmation of a decree of a District Court" ommitted by Act 51 of 2001, section 11 (w.e.f. 3-10-2001).

Divorce Act, 1869 Chapter 12

Title: Procedure

State: Central

Year: 1869

.....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 [***] No appeal as to costs. - 2 [Provided] that there shall be no appeal on the subject of costs only. ______________________ 1. The first proviso omitted by Act 51 of 2001, section 29 (w.e.f. 3-10-2001). 2. Substituted by Act 51 of 2001, section 29, for "Provided also" (w.e.f. 3-10-2001). Section 56 - Appeal to the Supreme Court Any person may appeal to 1 [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, and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court, when the High Court declares that the case is a fit one for appeal to 1 [the Supreme Court]. ______________________ 1. Substituted by the A.O. 1950, for "Her Majesty in Council".

Divorce Act, 1869 Section 56

Title: Appeal to the Supreme Court

State: Central

Year: 1869

Any person may appeal to 1 [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, and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court, when the High Court declares that the case is a fit one for appeal to 1 [the Supreme Court]. ______________________ 1. Substituted by the A.O. 1950, for "Her Majesty in Council".

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.....