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CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Complete Act

Title: CONVERTS' MARRIAGE DISSOLUTION ACT, 1866

State: Central

Year: 1866

.....- Revival of suit after such dismissal Section25 - Petitioners cruelty or adultery to bar suit Section26 - Male petitioners cohabitation with one of several wives to bar suit Section27 - Dissolution of marriage not to affect status or right of children Section28 - Power to Court to award alimony Section29 - No appeal under Act; but Judge may state case raising question whether conversion has dissolved marriage Section30 - Case to state necessary facts and documents, and suit to be stayed Section31 - Case to be decided by three Judge Section32 - High Court may refer case to Judge for additions or alterations Section33 - High Court may decide question raised, and Judge shall dispose of case accordingly Section34 - Saving of Roman Catholic marriages Section35 - Extent of Act Schedule1 - FIRST SCHEDULE Schedule2 - SECOND SCHEDULE Schedule3 - THIRD SCHEDULE

CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Preamble 1

Title: CONVERTS MARRIAGE DISSOLUTION ACT, 1866

State: Central

Year: 1866

THE CONVERTS MARRIAGE DISSOLUTION ACT, 1866 [Act, No. 21 of 1866] {The Act has not been extended to the State of Manipur, vice Act, 30 of 1950, section 3(2) and Schedule} [2nd April, 1866] PREAMBLE An Act to legalize, under certain circumstances, the dissolution of marriages {The word native omitted by the A.O.1950.} of Converts to Christianity. WHEREAS it is expedient to legalize, under certain circumstances, the dissolution of marriages of { The word " Native" omitted by the A.O.1950.} Converts to Christianity deserted or repudiated on religious grounds by their wives or husbands; It is enacted as follows:--

THE CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Complete Act

State: Central

Year: 1866

.....if celebrated in accordance with the rules, rites, ceremonies and customs of the Roman Catholic Church 9[***]. 10[ SECTION 35: EXTENT OF ACT This Act extends to 11[the whole of India 12[except the State of Jammu and Kashmir and the Union territory of Manipur]].] THE FIRST SCHEDULE: FORM OF PETITION (See section 7) Stamp 13[***] To the Judge of the Civil Court of The day of . 18 The petition of A. B. of . Sheathe :- 1. That your petitioner was born on or about the day of 18 . 2. That your petitioner was on the ..day of in the year 18 lawfully married to C. D.. at 3. That the said C. D. is now of the age of .years or thereabouts. 4. That after his said marriage, your petitioner lived and cohabited with his said wife at ..aforesaid until the .day of .18 5. That previous to the day of 18 your petitioner changed his religion for Christianity, and that on such day he was baptized and became a member of the Church of . 6. That on the day of ..18 [At least six months prior to the date of the petition], the said C. D. deserted your petitioner, and has not since resumed cohabitation with him. 7. That such desertion was in consequence of your petitioner's said.....

CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 34

Title: Saving of Roman Catholic marriages

State: Central

Year: 1866

Nothing contained in this Act {The words and figures "or in Acts Nosection XXV of 1864 and V of 1865" rep. by Act 16 of 1874, section 1 and Schedule} shall be taken to render invalid any marriage of a {The word "Native" omitted by the A.O.1950.} convert to Roman Catholicism if celebrated in accordance with the rules, rites, ceremonies an customs of the Roman Catholic Church {The words "and no Clergyman of such Church shall be liable to any suit or penalty under the provisions of either of the two Acts last herein mentioned, for solemnizing any such marriage rep. by Act 16 of Schedule [NOTE:The Act does not extend to the State of Manipur, vice Act 30 of 1950, section 3 (2A) and Schedule (Part A), as amended by Act 68 of 1956, section 2]} {Subsection by the A.O.1948, for the former section 35.}

CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 1

Title: Short title

State: Central

Year: 1866

This Act may be cited as the {'The word "Native" omitted by the A.O.1950.} Converts' Marriage Dissolution Act, 1866.

CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 4

Title: When convert deserted by his wife may sue for conjugal society

State: Central

Year: 1866

If a {'The word "Native" omitted by the A.O.1950.} husband change his religion for Christianity, and if in consequence of such change his {'The word "Native" omitted by the A.O.1950.} wife, for the space of six continuous months, desert or repudiate him, he may sue her for conjugal society.

CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 5

Title: When convert deserted by her husband may sue

State: Central

Year: 1866

If a {The word "Native" omitted by the A.O.1950.} wife change her religion for Christianity, and if in consequence of such change her {The word "Native" omitted by the A.O.1950.} husband, for the space of six continuous months, desert or repudiate her, she may sue him for conjugal society.

CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 29

Title: No appeal under Act; but Judge may state case raising question whether conversion has dissolved marriage

State: Central

Year: 1866

No appeal shall lie against any order or decree made or passed by any Court in any suit instituted under this Act but if at any state of the suit, the respondent shall allege by way of defence that the marriage between the parties has been dissolved by the conversion of the petitioner, and that consequently the petitioner is not a { The word " Native " omitted by the A.O.1950.} husband or a { The word " Native " omitted by the A.O.1950.} wife ( as the case may be) within the meaning of this Act, the Judge, if he shall entertain any doubt as to the validity of such defence, shall, either of his own motion or on the application of the respondent, state the case and submit it with his own opinion thereon for the decision of the High Court.

CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 23

Title: Dismissal of suit if either party under age required by Act, or if parties cohabiting, or respondent willing to cohabit

State: Central

Year: 1866

If at any stage of the suit it be proved that the male party to suit is or was at the institution thereof under the age of sixteen years, or that the female party to the suit is or was at the same time under the age of thirteen years, or that the petitioner and the respondent are cohabiting as man and wife, or if the Court is satisfied by the evidence adduced that the respondent is ready and willing so to cohabit with the petitioner, the Court shall pass a decree dismissing the suit and stating the ground of such dismissal.

CONVERTS' MARRIAGE DISSOLUTION ACT, 1866 Section 24

Title: Revival of suit after such dismissal

State: Central

Year: 1866

If at any time within twelve months after a decree dismissing the suit upon any of the grounds mentioned in the last preceding section the respondent again desert or repudiate the petitioner upon the ground of his or her change of religion, the suit may be revived by summoning the respondent; and upon proof of the former decree and of such renewed repudiation or desertion, the suit shall recommence at the stage at which it had arrived immediately before the passing of such decree; and, after the proofs, interrogations, interview and adjournment which may then be requisite under the provisions hereinbefore contained, the Judge shall pass a decree of the nature mentioned in section 16 of this Act.