An Act to amend the law relating to Divorce and Matrimonial Causes *[x x x]. Preamble.-Whereas it is expedient to amend the law relating to the divorce of persons professing the Christian religion, and to confer upon certain Courts jurisdiction in matters matrimonial; it is hereby enacted as follows:- I.-Preliminary THE DIVORCE ACT, 1869IntroductionStatement of Objects and ReasonsThe object of Indian Divorce Bill is to place the Matrimonial Law administered by the High Courts, in the exercise of their original jurisdiction, on the same footing as the Matrimonial Law administered by the Court for Divorce and Matrimonial Causes in England. The 9th section of the Act of Parliament for establishing High Courts of Judicature in India (24 and 25 Vic., Ch.104) provides that the High Courts shall exercise such Matrimonial Jurisdiction as Her Majesty by Letters Patent shall grant and direct. Under the authority thus conferred by Parliament, the 35th section of the Letters Patent, constituting t

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S.1 Short title, commencement of Act

S.2 Extent of Act

S.3 Interpretation-clauses

S.4 Matrimonial jurisdiction of High Courts to be exercised subject to Act - Exception

S.5 Enforcement of decrees or orders made heretofore by Supreme Court or High Court

S.6 Pending suits

S.7 THE DIVORCE ACT, 1869 7

S.8 Extraordinary jurisdiction of High Court

S.9 Reference to High Court

S.10 Grounds for dissolution of marriage

S.10-A Dissolution of marriage by mutual consent

S.11 Adulterer or adulteress to be co-respondent

S.12 Court to be satisfied of absence of collusion

S.13 Dismissal of petition

S.14 Power to Court to pronounce decree for dissolving marriage

S.15 Relief in case of opposition on certain grounds

S.16 Decrees for dissolution to be nisi

S.17 Power of High Court to remove certain suits

S.17-A [x x x x]

S.18 Petition for decree of nullity

S.19 Grounds of decree

S.20 [x x x x]

S.21 Children of annulled marriage

S.22 Bar to decree for divorce a mensa et toro: but judicial separation obtainable by husband or wife

S.23 Application for separation made by petition

S.24 Separated wife deemed spinster with respect to after-acquired property

S.25 Separated wife deemed spinster for purposes of contract and suing

S.26 Decree of separation obtained during absence of husband or wife may be reversed

S.27 Deserted wife may apply to Court for protection

S.28 Court may grant protection-order

S.29 Discharge or variation of orders

S.30 Liability of husband seizing wifes property after notice of order

S.31 Wifes legal position during continuance of order

S.32 Petition for restitution of conjugal rights

S.33 Answer to petition

S.34 [x x x x]

S.35 [x x x x]

S.36 Alimony pendente lite

S.37 Power to order permanent alimony

S.38 Court may direct payment of alimony to wife or to her trustee

S.39 [x x x x]

S.40 Inquiry into existence of ante-nuptial or post-nuptial settlements

S.41 Power to make orders as to custody of children in suit for separation

S.42 Power to make such orders after decree

S.43 Power to make orders as to custody of children in suits for dissolution or nullity

S.44 Power to make such orders after decree or confirmation

S.45 Code of Civil Procedure to apply

S.46 Forms of petitions and statements

S.47 Petition to state absence of collusion

S.48 Suits on behalf of lunatics

S.49 Suits by minors

S.50 Service of petition

S.51 Mode of taking evidence

S.52 Competence of husband and wife to give evidence as to cruelty or desertion

S.53 Power to close doors

S.54 Power to adjourn

S.55 Enforcement of, and appeal from, orders and decrees

S.56 Appeal to the Supreme Court

S.57 Liberty to parties to marry again

S.58 English clergyman not compelled to solemnize marriages of persons divorced for adultery

S.59 English Minister refusing to perform ceremony to permit use of his Church

S.60 Decree for separation or protection-order valid as to persons dealing with wife before reversal

S.61 Bar of suit for criminal conversation

S.62 Power to make rules