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 as follows:

1) Short title, commencement of the Act :

This Act may be called the Indian Divorce Act and shall come into operation on the first day of April,1869.

2) Extent of Act :

This Act extends to the whole of India except the State of Jammu and Kashmir.

Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity :

Nothing hereinafter contained shall authorise any court to grant any relief under this Act except where the petitioner or respondent professes the Christian religion,

or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in India at the time when the petition is presented,

or to make decrees of nullity of marriage except where the marriage has been solemnized in India and the petitioner is resident in India at the time of presenting the petition,

or to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage, except where the petitioner resides in India at the time of presenting the petition.

3) Interpretation clause :

In this Act, unless there be something repugnant in the subject or context,

"High Court" - (1) "High Court" means with reference to any area:

a) in a State, the High Court for that State;

b) in Delhi, the High Court of Delhi;

bb) in Himachal Pradesh, the High Court of Punjab and Haryana upto and inclusive of the 30th April, 1967 and the High Court of Delhi thereafter;

c) in Manipur and Tripura, the High Court of Assam;

d) in the Andaman and Nicobar Islands, the High Court at Calcutta ;

e) in Lakshadweep, the High Court of Kerala.

ee) in Chandigarh, the High Court of Punjab and Haryana ;

and in the case of any petition under this Act, "High Court" means the High Court for the area where the husband and wife reside or last resided together.

"District Judge" - (2) "District Judge" means a Judge of a principal civil court of original jurisdiction however designated :

"District Court" - (3) "District Court" means, in the case of any petition under this Act, the Court of the District Judge within the local limits of whose ordinary jurisdiction, or of whose jurisdiction under this Act, the husband and wife reside or last resided together :

"Court" - (4) "Court" means the High Court or the District Court as the case may be :

"Minor children" - (5) "minor children" means, in the case of sons of Native fathers, boys, who have not completed the age of sixteen years, and, in the case of daughters of Native fathers, girls, who have not completed the age of thirteen years : In other cases it means unmarried children who have not completed the age of eighteen years :

"Incestuous adultery" - (6) "incestuous adultery" means adultery committed by a husband with a woman with whom, if his wife were dead, he could not lawfully contract marriage by reason of her being within the prohibited degrees of consanguinity (whether natural or legal) or affinity :

"Bigamy with adultery" - (7) "bigamy with adultery" means adultery with the same woman with whom the bigamy was committed :

"Marriage with another woman" - (8) "marriage with another woman" means marriage of any person, being married, to any other person, during the life of the former wife, whether the second marriage shall have taken place within India or elsewhere :

"Desertion" - (9) "desertion" implies an abandonment against the wish of the person charging it: and

"Property" - (10) "property" includes in the case of a wife any property to which she is entitled for an estate in remainder or reversion or as a trustee, executrix or administratrix ; and the date of the death of the testator or intestate shall be deemed to be the time at which any such wife becomes entitled as executrix or administratrix.

II-JURISDICTION

4) Matrimonial jurisdiction of High Courts to be exercised subject to Act Exception :

The jurisdiction now exercised by the High Courts in respect of divorce a mensa et toro, and in all other causes, suits and matters matrimonial, shall be exercised by such Courts and by the District Courts subject to the provisions in this Act contained, and not otherwise : except so far as relates to the granting of marriage-licenses, which may be granted as if this Act has not been passed.

5) Enforcement of decrees or orders made heretofore by Supreme or High Court :

Any decree or order of the late Supreme Court of Judicature at Calcutta, Madras or Bombay sitting on the ecclesiastical side, or of any of the said High Courts sitting in the exercise of their matrimonial jurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by the said High Courts, respectively, as hereinafter mentioned, in like manner as if such decree or order had been originally made under this Act by the Court so enforcing or dealing with the same.

6) Pending suits :

All suits and proceedings in causes and matters matrimonial, which when this Act comes into operation are pending in any High Court, shall be dealt with and decided by such Court, so far as may be, as if they had been originally instituted therein under this Act.

7) Court to act on principles of English Divorce Court :

Subject to the provisions contained in this Act, the High Courts and District Courts shall, in all suits and proceedings hereunder, act and give relief on principles and rules which, in the opinion of the said Courts, are as nearly as may be conformable to the principles and rules on which the Court for Divorce and Matrimonial Causes in England for the time being acts and give relief :

Provided that nothing in this section shall deprive the said courts of jurisdiction in a case where the parties to a marriage professed the Christian religion at the time of the occurrence of the facts on which the claim of relief is founded.

8) Extraordinary jurisdiction of High Court :

The High Court may, whenever it thinks fit, remove and try and determine as a cour