Section List

4/1869 - The Divorce Act, 1869 ▶

Act Number: 4

Act Name: The Divorce Act, 1869

Year: 1869

Enactment Date: 1869-01-26

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

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section Number	Title	Actions
2	Extent of Act.
3	Interpretation-clause.
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.
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.].
19	Grounds of decree.
20	[Omitted.].
21	Children of annulled marriage.
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.
26	Decree of separation obtained during absence of husband or wife may be reversed.
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.
33	Answer to petition.
35	[Omitted.].
37	Power to order permanent alimony.
38	Court may direct payment of alimony to wife or to her trustee.
40	Inquiry into existence of ante-nuptial or post-nuptial settlements.
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.
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.
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.
61	Bar of suit for criminal conversation.
62	Power to make rules.
27	Deserted wife may apply to court for protection.
45	Code of Civil Procedure to apply.
41	Power to make orders as to custody of children in suit for separation.
57	Liberty to parties to marry again.
1	Short title.
36	Alimony pendente lite.
60	Decree for separation or protection-order valid as to persons dealing with wife before reversal.
39	Omitted.
34	Omitted.
22	Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife
32	Petition for restitution of conjugal rights.
18	Petition for decree of nullity.
10	Grounds for dissolution of marriage.
10A	Dissolution of marriage by mutual consent.