News
Events
Case Laws
Acts
Directory
Quiz
Maxims
Dictionary
Contact Us
Minimum 3 characters required to execute search.
Act Details
View all Act
The Divorce Act, 1869
04
26-01-1869
The Divorce Act, 1869
An Act to amend the law relating to Divorce and Matrimonial Causes.
Ministry of Law and Justice
Legislative Department
Chapters, and Sections
Chapter 1 - Preliminary
1 - Short title.
2 - Extent of Act.
3 - Interpretation-clause.
View the Chapter
Chapter 2 - Jurisdiction
4 - Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception.
5 - Enforcement of decrees or orders made heretofore by Supreme or High Court.
6 - Pending suits.
7 - [Omitted.].
8 - Extraordinary jurisdiction of High Court.
9 - Reference to High Court.
View the Chapter
Chapter 3 - Dissolution of Marriage
10 - Grounds for dissolution of marriage.
10A - Dissolution of marriage by mutual consent.
11 - Adulterer to be co-respondent.
12 - Court to be satisfied of absence of collusion.
13 - Dismissal of petition.
14 - Power to Court to pronounce decree for dissolving marriage.
15 - Relief in case of opposition on certain grounds.
16 - Decrees for dissolution to be nisi.
17 - Power of High Court to remove certain suits.
17A - [Omitted.].
View the Chapter
Chapter 4 - Nullity of Marriage
18 - Petition for decree of nullity.
19 - Grounds of decree.
20 - [Omitted.].
21 - Children of annulled marriage.
View the Chapter
Chapter 5 - Judicial Separation
22 - Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife
23 - Application for separation made by petition.
24 - Separated wife deemed spinster with respect to after-acquired property.
25 - Separated wife deemed spinster for purposes of contract and suing.
View the Chapter
Chapter 5 - Judicial Separation (Reversal of Decree of Separation)
26 - Decree of separation obtained during absence of husband or wife may be reversed.
View the Chapter
Chapter 6 - Protection - Orders
27 - Deserted wife may apply to court for protection.
28 - Court may grant protection-order.
29 - Discharge or variation of orders.
30 - Liability of husband seizing wife’s property after notice of order.
31 - Wife’s legal position during continuance of order.
View the Chapter
Chapter 7 - Restitution of Conjugal Rights
32 - Petition for restitution of conjugal rights.
33 - Answer to petition.
View the Chapter
Chapter 8 - Damages and Costs
34 - Omitted.
35 - [Omitted.].
View the Chapter
Chapter 9 - Alimony
36 - Alimony pendente lite.
37 - Power to order permanent alimony.
38 - Court may direct payment of alimony to wife or to her trustee.
View the Chapter
Chapter 10 - Settlements
39 - Omitted.
40 - Inquiry into existence of ante-nuptial or post-nuptial settlements.
View the Chapter
Chapter 11 - Custody of Children
41 - Power to make orders as to custody of children in suit for separation.
42 - Power to make such orders after decree.
43 - Power to make orders as to custody of children in suits for dissolution or nullity.
44 - Power to make such orders after decree or confirmation.
View the Chapter
Chapter 12 - Procedure
45 - Code of Civil Procedure to apply.
46 - Forms of petitions and statements.
47 - Petition to state absence of collusion.
48 - Suits on behalf of lunatics.
49 - Suits by minors.
50 - Service of petition.
51 - Mode of taking evidence.
52 - Competence of husband and wife to give evidence as to cruelty or desertion.
53 - Power to close doors.
54 - Power to adjourn.
55 - Enforcement of, and appeals from, orders and decrees.
56 - Appeal to the Supreme Court.
View the Chapter
Chapter 13 - Re-Marriage
57 - Liberty to parties to marry again.
58 - English clergyman not compelled to solemnize marriages of persons divorced for adultery.
59 - English Minister refusing to perform ceremony to permit use of his Church.
View the Chapter
Chapter 14 - Miscellaneous
60 - Decree for separation or protection-order valid as to persons dealing with wife before reversal.
61 - Bar of suit for criminal conversation.
62 - Power to make rules.
View the Chapter