THE DIVORCE ACT, 1869

ACT NO. 4 OF 1869 · Enacted [26th February, 1869.] · 64 sections

I.—PRELIMINARY

Section 1.Short title.

Section 2.Extent of Act.

Section 3.Interpretation-clause.

II.—JURISDICTION

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

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

Section 6.Pending suits.

Section 7.[Omitted.].

Section 8.Extraordinary jurisdiction of High Court.

Section 9.Reference to High Court.

III.—DISSOLUTION OF MARRIAGE

Section 10.Grounds for dissolution of marriage.

Section 10A.Dissolution of marriage by mutual consent.

Section 11.Adulterer to be co-respondent.

Section 12.Court to be satisfied of absence of collusion.

Section 13.Dismissal of petition.

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

Section 15.Relief in case of opposition on certain grounds.

Section 16.Decrees for dissolution to be nisi.

Section 17.Power of High Court to remove certain suits.

Section 17A.[Omitted.].

IV.—NULLITY OF MARRIAGE

Section 18.Petition for decree of nullity.

Section 19.Grounds of decree.

Section 20.[Omitted.].

Section 21.Children of annulled marriage.

V.—JUDICIAL SEPARATION

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

Section 23.Application for separation made by petition.

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

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

Reversal of Decree of Separation

Section 26.Decree of separation obtained during absence of husband or wife may bereversed.

VI.— PROTECTION-ORDERS

Section 27.Deserted wife may apply to court for protection.

Section 28.Court may grant protection-order.

Section 29.Discharge or variation of orders.

Section 30.Liability of husband seizing wife’s property after notice of order.

Section 31.Wife’s legal position during continuance of order.

VII.—RESTITUTION OF CONJUGAL RIGHTS

Section 32.Petition for restitution of conjugal rights.

Section 33.Answer to petition.

VIII.—DAMAGES AND COSTS

Section 34.[Omitted.].

Section 35.[Omitted.].

IX.—ALIMONY

Section 36.Alimony pendente lite.

Section 37.Power to order permanent alimony.

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

X.—SETTLEMENTS

Section 39.[Omitted.].

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

XI.—CUSTODY OF CHILDREN

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

Section 42.Power to make such orders after decree.

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

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

XII.—PROCEDURE

Section 45.Code of Civil Procedure to apply.

Section 46.Forms of petitions and statements.

Section 47.Petition to state absence of collusion.

Section 48.Suits on behalf of lunatics.

Section 49.Suits by minors.

Section 50.Service of petition.

Section 51.Mode of taking evidence.

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

Section 53.Power to close doors.

Section 54.Power to adjourn.

Section 55.Enforcement of, and appeals from, orders and decrees.

Section 56.Appeal to the Supreme Court.

XIII.—RE-MARRIAGE

Section 57.Liberty to parties to marry again.

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

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

XIV.—MISCELLANEOUS

Section 60.Decree for separation or protection-order valid as to persons dealing withwife before reversal.

Section 61.Bar of suit for criminal conversation.

Section 62.Power to make rules.