Act 4 of 1869

The Divorce Act, 1869

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

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