Central · Act 4 of 1869

The Divorce Act, 1869

An Act to amend the law relating to Divorce and Matrimonial Causes.�

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आधिकारिक दस्तावेज़ / Official document

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इस संस्करण को आधिकारिक दस्तावेज़ में पढ़ें। Read this version in its official source document.

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About this act

Jurisdiction
Central
Enactment date
1869-01-26
Sections available
64

Commencement information from the source

1869-04-26

Read the sections

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

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India Code, Government of India. Text fetched 10 Oct 2026. Source metadata reports last modification: 2019-03-15. Check the linked official text and subsequent notifications when applying a provision.

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