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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".

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Divorce Act, 1869 Section 51

Title: Mode of Taking Evidence

State: Central

Year: 1869

The witnesses in all proceedings before the court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be examined, and may be cross-examined and re-examined, like any other witness: Provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.

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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.....

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