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Start Free TrialDivorce Act, 1869 Section 50
Title: Service of Petition
State: Central
Year: 1869
Every petition under this Act shall be served on the party to be affected thereby, either within or without1[India], in such manner as the High Court by general or special order from time to time directs. Provided that the court may dispense with such service altogether in case it seems necessary or expedient so to do. STATE AMENDMENT 2Uttar Pradesh : For the words "High Court by general or special order from time to time directs", the words "Court may direct" shall be substituted. ______________________ 1 . Substituted by the A.O. 1950, for "the Provinces" which had been substituted by the A.O. 1948, for "British India". 2. Vide U.P. Act XXX of 1957, section 2 and schedule (w.e.f. 21-10-1957).
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 33
Title: Answerto Petition
State: Central
Year: 1869
Nothing shall be pleaded in answer to a petition for restitution of conjugal rights, which would not be ground for a suit for judicial separation or for a decree of nullity of marriage.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 12
Title: Court to Be Satisfied of Absence Ofcollusion
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.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 21
Title: Children of Annulled Marriage
State: Central
Year: 1869
Where a marriage is annulled on the ground that a former husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree is made shall be specified in the decree, and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 24
Title: Separated Wife Deemed Spinster with Respect to After-acuqired Property
State: Central
Year: 1869
In every case of a judicial separation under this Act, the wife shall from the date of the sentence, and whilst the separation conlinues, be considered as unmarried with respect to property of every description which she may acquire, or which may come to or devolve upon her. Such property may be disposed of by her in all respects as an unmarried woman, and on her decease the same shall, in case she dies intestate, go as the same would have gone if her husband had been then dead: Provided that, if any such wife again cohabits with her husband, all such property as she may be entitled to when such cohabitation takes place shall be held to her separate use, subject, however, to any agreement in writing made between herself and her husband whilst separate.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 25
Title: Separated Wife Deemed Spinster for Purposes of Contract and Suing
State: Central
Year: 1869
In every case of a judicial separation under this Act, the wife shall, whilst so separated, be considered as an unmarried woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil proceedings; and her husband shall not be liable in respect of any contact, act or costs entered into, done, omitted or incurred by her during the separation: Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries supplied for her use: Provided also that nothing shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 26
Title: Reversal of Decree of Separation: Decree of Separation Obtained During Absence of Husband or Wife May Bereversed
State: Central
Year: 1869
Any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may, at any lime thereafter, present a petition to the Court by which the decree was pronounced, praying for a reversal of such decree, on the ground that it was obtained in his or her absence, and that there was reasonable excuse for the alleged desertion, where desertion was the ground of such decree. The Court may, on being satisfied of the truth of the allegations of such petition reverse the decree accordingly; but such reversal shall not prejudice or affect the rights or remedies which any other person would have had, in case it had not been decreed, in respect of any debts, contracts, or acts of the wife incurred, entered into, or done between the times of the sentence of separation and of the reversal thereof.
View Complete Act List Judgments citing this sectionDivorce Act, 1869 Section 29
Title: Discharge or Variation Oforders
State: Central
Year: 1869
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.
View Complete Act List Judgments citing this sectionDIVORCE ACT, 1869 Section 30
Title: Liability of husband seizing wife's property after notice of order
State: Central
Year: 1869
If the husband, or any creditor of, or person claiming under, the husband, seizes or continues to hold any property of the wife after notice of any such order, he shall be liable, at the suit of the wife (which she is hereby empowered to bring), to return or deliver to her the specific property, and also to pay her a sum equal to double its value.
View Complete Act List Judgments citing this sectionDIVORCE ACT, 1869 Section 31
Title: Wife's legal position during continuance of order
State: Central
Year: 1869
So long as any such order of protection remains in force the wife shall be and be deemed to have been, during such desertion of her, in the like position in all respects, with regard to property and contracts and suing and being sued, as she would be under this Act if she obtained a decree of judicial separation.
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