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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.....

Divorce Act, 1869 Schedule 1

Title: Schedule of Forms

State: Central

Year: 1869

.....of........................, ........................ your petitioner, then a spinster, eighteen years of age, was married in fact, though not in law, to C.D., then a bachelor of about thirty years of age, at [some place in India]. 2. That from the said .................................... day of...................................., ...................................., until the month of .................................... your petitioner lived and cohabited with the said C.D., at diverse places, and particularly at aforesaid. 3. That the said C.D. has never consummated the said pretended marriage by carnal copulation. 4. That at the time of the celebration of your petitioner's pretended marriage, the said C.D. was, by reason of his impotency or malformation, legally incompetent to enter into the contract of marriage. 5. That there is no collusion or connivance between her and the said C.D. with respect to the subject of this suit. Your petitioner therefore prays that this (Hon'ble) Court will declare that the said marriage is null and void. (Signed) A.B. Form of Verification: See No. 1 STATE AMENDMENT 1 Uttar Pradesh: In Form No. 4,.....

BOMBAY CIVIL COURTS ACT, 1869 Section 13

Title: Enactments applied to Joint District Judge; Joint District Judge's Seal

State: Central

Year: 1869

Enactments applied to 1 [Joint District Judge;] 1 [Joint District Judge's] Seal All Regulations and Acts now or hereafter in force and applying to a District Judge shall be deemed to apply also to the 1 [Joint District Judge] and the seal of the 1 [Joint District Judge] shall be the same as is used by the District Judge. _______________________ 1. Substituted for the words 'Royal Arms" by Bom Act 22 of 1949, Section 3.

Divorce Act, 1869 Chapter 2

Title: Jurisdiction

State: Central

Year: 1869

.....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. Section 7 - Court to act on principles of English Divorce Court(Repealed) [Reply by the Indian Divorce (Amendment) Act, (51 of 2001, section 4 (w.e.f. 3-10-2001).] Section 8 - 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 - This 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 Section 9 - 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,.....

Divorce Act, 1869 Section 4

Title: Matrimonial Jurisdiction of High Courts to Be Exercised Subject to Act-exception

State: Central

Year: 1869

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.

Divorce Act, 1869 Chapter 6

Title: Protection-orders

State: Central

Year: 1869

.....High Court" omitted by Act 51, 2001, section 18 (w.e.f. 3-10-2001). Section 28 - Court may grant protection-order The Court, if satisfied of the fact of such desertion, and that the same was without reasonable excuse, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and other property from her husband and all creditors and persons 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. Section 29 - Discharge or variation of orders The husband or any creditor of, or person claiming under him, may apply to the Court by which such order was made for the discharge or variation thereof, and the Court, if the desertion has ceased, or if for any other reason it thinks fit so to do, may discharge or vary the order accordingly. Section 30 - Liability of husband seizing wife's property after notice of order If the husband, or any creditor of, or person claiming under, the husband, seizes or continues to hold any property of the wife after.....

Divorce Act, 1869 Section 27

Title: Deserted Wife May Apply to Court for Protection

State: Central

Year: 1869

Any wife to whom section 4 of the Indian Succession Act, 1865 (10 of 1865)1does not apply, may, when deserted by her husband, present a petition to the District Court2[***], 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. ____________________ 1. See now, the Indian Succession Act, 1925 (39 of 1925). 2. The words "or the High Court" omitted by Act 51, 2001, section 18 (w.e.f. 3-10-2001).

BOMBAY CIVIL COURTS ACT, 1869, (Maharashtra) Section 13

Title: Enactments applied to Joint, District Judge, Joint District Judge's seal

State: Maharashtra

Year: 1869

13. Enactments applied to1[Joint, District Judge, Joint District Judge's] seal. All Regulations and Acts now or hereafter in force and applying to a District Judge shall be deemed to apply also to the1[Joint District Judge] and the seal of the1[Joint District Judge] shall be the same as is used by the District Judge. ______________________ 1. These words were substituted for the words "Joint Judge" by Mah. 27 of 1984 s. 2(b)

Bombay Civil Courts Act, 1869, (Maharashtra) Section 28A

Title: Power to Invest Civil Judges with Jurisdiction Under Certain Acts

State: Maharashtra

Year: 1869

.....order made by a2[Civil Judge] by virtue of the powers conferred upon him under sub-section (1) shall be subject to appeal to the High Court or the District Court according as the amount or value of the subject-matter exceeds or does not exceed4[fifty thousand rupees]. (3) Every order of the District Judge passed an appeal under sub-section (2) from the order of a2[Civil Judge] shall be subject to an appeal to the High Court under the rules contained in the Code of Civil Procedure applicable to appeals from appellate decrees.] ______________________ 1. Section 28A was inserted by section 2 of the Bombay Civil Courts (Amendment) Act, 1912 (Bom. 5 of 1912). 2. The words "Civil Judge" were substituted for the words "Subordinate Judge" by s. 4 of the Bombay Civil Courts (Amendment) Act, 1945 (Bom. 10 of 1945), read with Bom. 48 of 1947, s. 3. 3. See now the Indian Succession Act, 1925. 4. These words were substituted for the words "twenty-five thousand rupees" by Mah. 10 of 1983, s. 4.

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. .....