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Bombay Civil Courts Act, 1869 Part VI

Title: Civil Judges

State: Central

Year: 1869

.....for the words "ten thousand rupees to fifteen thousand rupees" by the Bombay Civil Courts (Enhancement of Pecuniary Jurisdiction and Amendment) Act (Maha. Act 46 of 1977), Section 13(b) (1-1-1978). Section 25 - Special jurisdiction of Civil Judge (Senior Division) 1Special jurisdiction of [Civil Judge (Senior Division)] A Civil Judge (Senior Division), in addition to his ordinary jurisdiction, shall exercise a special jurisdiction in respect of such suits and proceedings of a civil nature, as may arise within the local jurisdiction to the Courts in the district presided over by1[Civil Judges (Senior Division)]2[and wherein the subject matter exceeds the pecuniary jurisdiction of the1[Civil Judge (Junior Division)] as defined by section 24.]2[and wherein the subject matter exceeds the pecuniary jurisdiction of the1[Civil Judge (Junior Division)] as defined by section 24.] In districts to which more than one1[Civil Judge (Senior Division)] have been appointed, the District Judge, subject to the orders of the High Court, shall assign to each the local limits within which his said special jurisdiction is to be exercised. ________________________ 1. Substituted for.....

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Bombay Civil Courts Act, 1869 Section 6

Title: Situation of District Court

State: Central

Year: 1869

The District Judge shall ordinarily hold the District Court at the sadr station in his district, but may, with the previous sanction of the High Court, hold it elsewhere within the district.

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Divorce Act, 1869 Section 6

Title: Pending Suits

State: Central

Year: 1869

All suits and proceedings in causes and matters matrimonial, which when this Act comes into operation are pending 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.

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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.....

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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,.....

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Divorce Act, 1869 Chapter 1

Title: Preliminary

State: Central

Year: 1869

.....day of April, 1869. ____________________ 1.The word "Indian" omitted by Act 51 of 2001, section 2 (w.e.f. 3-10-2001). Section 2 - Extent of Act 1[This Act extends to2[the whole of India3[except the State of Jammu and Kashmir]]]. Extent of power to grant relief generally, - 4[Nothing hereinafter contained shall authorise any court to grant any relief under this Act except where the petitioner5[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.] ___________________ 1 . Substituted by the A.O. 1948, for the original first paragraph. 2. Substituted by The A.O. 1950, for certain words. .....

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Divorce Act, 1869 Section 3

Title: Interpretation-clause

State: Central

Year: 1869

.....for clause (b) by the Himachal Pradesh (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, (w.e.f. 1-11-1966). 3. Clause (bb) omitted by Himachal Pradesh Adoption of Laws (State and Concurrent Subjects) Order, 1973, ) (w.r.e.f. 1-11-1966). 4. Substituted by the Laccadive, Minicoy and Admindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, Section 3 and Schedule, for "Laccadive, Minicoy and Admindivi Islands" (w.e.f. 1-11-1973). 5. Inserted by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, Section 3 and Schedule (w.e.f. 1-11-1966). 6. Substituted by the A.O. 1950, for clause (2). 7. Substituted by Act 51 of 2001, section 3, for "or of whose jurisdiction under this Act" (w.e.f. 03.10.2001). 8. Clauses (6) and (7) omitted by Act 51 of 2001, section 3 (w.e.f. 03.10.2001). 9. Substituted by the A.O. 1950, for "the dominions of Her Majesty".

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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). .....

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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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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. .....

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