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1 THE DIVORCE ACT, 1869

(ACT NO. IV OF 1869).
  Part No : Chapter No : Section No: [ 26th February, 1869  
  
     2 An Act to amend the law relating to Divorce and Matrimonial Causes.
 
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 follows:-
 
CONTENTS
 
SECTIONS
 
CHAPTER I
PRELIMINARY
1. Short Title Commencement of Act
2. Extent of Act
Extent of power to grant relief generally and to make decrees of dissolution, or of nullity
3. Interpretation-clause
CHAPTER II
JURISDICTION
4. Matrimonial jurisdiction of High Court Division to be exercised subject to Act Exception
5. [Omitted]
6. [Omitted]
7. Court to act on principles of English Divorce Court
8. Extraordinary jurisdiction of High Court Division
Power to transfer suits
9. Reference to High Court Division
CHAPTER III
DISSOLUTION OF MARRIAGE
10. When husband may petition for dissolution
When wife may petition for dissolution
Contents of petition
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
Condonation
15. Relief in case of opposition on certain grounds
16. Decrees for dissolution to be nisi
Collusion
17. Confirmation of decree for dissolution by District Judge
17A. Appointment of officer to exercise duties of King’s Proctor
CHAPTER IV
NULLITY OF MARRIAGE
18. Petition for decree of nullity
19. Grounds of decree
20. Confirmation of District Judge’s decree
21. Children of annulled marriage
CHAPTER V
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
REVERSAL OF DECREE OF SEPARATION
26. Decree of separation obtained during absence of husband or wife may be reversed
CHAPTER VI
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
CHAPTER VII
RESTITUTION OF CONJUGAL RIGHTS
32. Petition for restitution of conjugal rights
33. Answer to petition
CHAPTER VIII
DAMAGES AND COSTS
34. Husband may claim damages from adulterer
35. Power to order adulterer to pay costs Power to order litigious intervenor to pay costs
CHAPTER IX
ALIMONY
36. Alimony pendente lite
37. Power to order permanent alimony Power to order monthly or weekly payments
38. Court may direct payment of alimony to wife or to her trustee
CHAPTER X
SETTLEMENTS
39. Power to order settlements of wife’s property for benefit of husband and children
Settlement of damages
40. Inquiry into existence of ante-nuptial or post-nuptial settlement
CHAPTER XI
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
CHAPTER XII
PROCEDURE
45. Code of Civil Procedure to apply
46. Forms of petitions and statements
47. Stamp on petition Petition to state absence of collusion
Statements to be verified
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 No appeal as to costs
56. Appeal to Appellate Division of the Supreme Court
CHAPTER XIII
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
CHAPTER XIV
MISCELLANEOUS
60. Decree for separation or protection-order valid as to persons dealing with wife before reversal
Indemnity of persons making payment to wife without notice of reversal of decree or protection order
61. Bar of suit for criminal conversation
62. Power to make rules
SCHEDULE
 
 

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