Indian Divorce Act, 1869

CHAPTER-I

PRELIMINARY

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 – 2[This Act extends to 3[the whole of India] 4[except the State of Jammu andKashmir.]] .Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity-5[Nothing hereinafter contained shall authorise any court to grant any relief under this Act exceptwhere the petitioner 6[or respondent] professes the Christian religion, or to make decrees of dissolution of marriage except where the parties to the marriage are domiciledin 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 Indiaand 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 ofmarriage, except where the petitioner resides in India at the time of presenting the petition.]

(1) “High Court” means with reference to any area,-

(a) in a State, the High Court for that State, 8

[(b) in Delhi, the High Court of Delhi;  [(bb) Omitted]

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

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

(e) in 9[ Lakshadweep], the High Court of Kerala;

10[(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”-11[(2) “District Judge” means a Judge of a principal civil court of original jurisdictionhowever designated;]

“District Court”-(3) “District Court” means, in the case of any petition under this Act, the Court of theDistrict Judge within the local limits of whose ordinary jurisdiction, or of whose jurisdiction under thisAct, 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;

“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 herbeing within the prohibited degrees of consanguinity (whether natural or legal) or affinity;

“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 marriageshall have taken place within 12[India] or elsewhere;

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

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 court, and by the District Courtssubject to the provisions in this Act contained, and not otherwise: except so far as relates to thegranting of marriage-licenses, which may be granted as if this Act had not been passed.

7. Court to act on principles of English Divorce Court – Subject to the provisions contained in thisAct, the High Courts and District Courts shall, in all suits and proceedings hereunder, act and giverelief 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 gives relief:

8. Extraordinary jurisdiction of High Court – The High Court may, whenever it thinks fit, removeand try and determine as a court of original jurisdiction any suit or proceeding instituted under thisAct in the court of any District Judge within the limits of its jurisdiction under this Act.

9. Reference to High Court – When any question of law or usage having the force of law arises atany point in the proceedings previous to the hearing of any suit under this Act by a District Court orat any subsequent stage of such suit, or in the execution of the decree therein or order thereon, the court may, either of its own motion or on the application of any of the parties, draw up a statement ofthe case and refer it, with the court’s own opinion thereon, to the decision of the High Court.

If a decree or order has been made, its execution shall be stayed until the receipt of the order of theHigh Court upon such reference.

10. When husband may petition for dissolution  –Any husband may present a petition to theDistrict Court or to the High Court, praying that his marriage may be dissolved on the ground that hiswife has, since the solemnization thereof, been guilty of adultery.

or has been guilty of incestuous adultery,

or of bigamy with adultery,

Contents of petition- Every such petition shall state, as distinctly as the nature of the case permits,the facts on which the claim to have such marriage dissolved is founded.

(1) that the respondent is leading the life of a prostitute, and that the petitioner knows of no personwith whom the adultery has been committed;

(3) that the alleged adulterer is dead.

13. Dismissal of petition –In case the court, on the evidence in relation to any such petition, is satisfied that the petitioner’s case has not been proved, or is not satisfied that the alleged adulteryhas been committed, or find that the petitioner has, during the marriage, been accessory to, orconniving at, the going through of the said form of marriage, or the adultery of the other party to themarriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, then, andin any of the said cases the court shall dismiss the petition.

14. Power to court to pronounce decree for dissolving marriage –In case the court is satisfiedon the evidence that the case of the petitioner has been proved, and does not find that the petitionerhas been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of,  or that the petition is presented or prosecuted in collusion with either of the respondents, the court shall pronounce a decree declaring such marriage to be dissolved in themanner and subject to all the provisions and limitation in sections 16 and 17 made and declared:

Condonation- No adultery shall be deemed to have been condoned within the meaning of this Actunless where conjugal cohabitation has been resumed or continued.

16. Decrees for dissolution to be nisi –Every decree for dissolution of marriage made by a HighCourt not being a confirmation of a decree of a District Court, shall, in the first instance, be a decreenisi, not to be made absolute till after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court, by general or special order from time to time, directs.

On cause being so shown, the court shall deal with the case by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand.

Whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move tohave such decree made absolute, the High Court may dismiss the suit.

Cases for confirmation of a decree for dissolution of marriage shall be heard (where the number ofthe Judges of the High Court is three or upwards) by a court composed of three such Judges, and in case of difference, the opinion of the majority shall prevail, or (where the number of the Judges of theHigh Court is two) by a court composed of such two Judges, and in case of difference, the opinion ofthe Senior Judge shall prevail.

The result of such enquiry and the additional evidence shall be certified to the High Court by theDistrict Judge, and the High Court shall thereupon make an order confirming the decree fordissolution of marriage, or such other order as to the Court seems fit:

During the progress of the suit in the court of the District Judge, any person suspecting that anyparties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall beat liberty in such manner as the High Court by general or special order from time to time directs, toapply to the High Court to remove the suit under section 8, and the High Court shall thereupon, if it thinks fit, remove such suit and try and determine the same as a court of original jurisdiction, and the provisions contained in section 16 shall apply to every suit so removed: or it may direct theDistrict Judge to take such steps in respect of the alleged collusion as may be necessary, to enablehim to make a decree in accordance with the justice of the case.

15[The government of the State within which any High Court exercises jurisdiction, may appoint anofficer who shall, within the jurisdiction of the High Court in that State, have the like right of showing cause why a decree for the dissolution of marriage should not be made absolute or should not be

confirmed, as the case may be, as is exercisable in England by King’s Proctor; and the said

government may make rules regulating the manner in which the right shall be exercised and allmatters incidental to or consequential on any exercise of the right. ]] 16[* * *]

18. Petition for decree of nullity –Any husband or wife may present a petition to the District Courtor to the High Court, praying that his or her marriage may be declared null and void.

(1) that the respondent was impotent at the time of the marriage and at the time of the institution ofthe suit;

(3) that either party was a lunatic or idiot at the time of the marriage;

Nothing in this section shall affect the jurisdiction of the High Court to make decrees of nullity ofmarriage on the ground that the consent of either party was obtained by force or fraud.

21. Children of annulled marriage –Where a marriage is annulled on the ground that a formerhusband or wife was living, and it is adjudged that the subsequent marriage was contracted in goodfaith and with the full belief of the parties that the former husband or wife was dead, or when amarriage is annulled on the ground of insanity, children begotten before the decree is made shall bespecified in the decree, and shall be entitled to succeed, in the same manner as legitimate children,to the estate of the parent who at the time of the marriage was competent to contract.

22. Bar to decree for divorce a mensa et toro but judicial separation obtainable by husbandor wife – No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wifemay obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion without reasonable excuse for two years or upwards, and such decree shall have the effect of a divorce amensa et toro under the existing law, and such other legal effect as hereinafter mentioned.

24. Separated wife deemed spinster with respect to after – acquired property  – In every caseof a judicial separation under this Act, the wife shall, from the date of the sentence, and whilst theseparation continues, be considered as unmarried with respect to property of every description whichshe may acquire, or which may come to or devolve upon her.

PROVIDED that, if any such wife again cohabits with her husband, all such property as she may beentitled to when such cohabitation takes place shall be held to her separate use, subject, however, toany agreement in writing made between herself and her husband whilst separate.

PROVIDED that where, upon any such judicial separation, alimony has been decreed or ordered to bepaid to the wife, and the same is not duly paid by the husband, he shall be liable for necessariessupplied for her use:

REVERSAL OF DECREE OF SEPARATION

27. Deserted wife may apply to court for protection – Any wife to whom section 4 of the Indian

Succession Act, 186517, (10 of 1865) does not apply, may, when deserted by her husband, present apetition to the District Court or the High Court, at any time after such desertion, for an order toprotect any property which she may have acquired or may acquire, and any property of which shemay have become possessed or may become possessed after such desertion, against her husband orhis creditors, or any person claiming under him.

29. Discharge or variation of orders –The husband or any creditor of, or person claiming underhim, may apply to the court by which such order was made for the discharge or variation thereof, andthe court, if the desertion has ceased, or if for any other reason it thinks fit so to do, may dischargeor vary the order accordingly.

31. Wife’s legal position during continuance of order –So long as any such order of protectionremains in force the wife shall be and be deemed to have been, during such desertion of her, in thelike position in all respects, with regard to property and contracts and suing and being sued, as shewould be under this Act, if she obtained a decree of judicial separation.

RESTITUTION OF CONJUGAL RIGHTS

33. Answer to petition –Nothing shall be pleaded in answer to a petition for restitution of conjugalrights, which would not be ground for a suit for judicial separation or for a decree for nullity ofmarriage.

34. Husband may claim damages from adulterer –Any husband may, either in a petition fordissolution of marriage or for judicial separation, or in a petition of the District Court or the HighCourt limited to such object only, claim damages from any person on the ground of his havingcommitted adultery with the wife of such petitioner. Such petition shall be served on the allegedadulterer and the wife, unless the court dispenses with such service, or directs some other service tobe substituted. The damages to be recovered in any such petition shall be ascertained by the saidcourt, although the respondents or either of them may not appear.  After the decision has beengiven, the court may direct in what manner such damages shall be paid or applied.

PROVIDED that the co-respondent shall not be ordered to pay the petitioner’s costs-

(2) if the co-respondent had not, at the time of the adultery, reason to believe the respondent to be amarried woman

36. Alimony pendente lite – In any suit under this Act, whether it be instituted by a husband or awife, and whether or not she has obtained an order of protection the wife may present a petition foralimony pending the suit.

37. Power to order permanent alimony –The High Court, may, if it thinks fit, on any decreeabsolute declaring a marriage to be dissolved, or on any decree of judicial separation obtained by thewife, and the District Judge may, if he thinks fit, on the confirmation of any decree of his declaring amarriage to be dissolved, or on any decree of judicial separation obtained by the wife,  order that thehusband shall, to the satisfaction of the Court, secure to the wife such gross sum of money, or suchannual sum of money for any term not exceeding her own life, as, having regard to her fortune (ifany), to the ability of the husband, and to the conduct of the parties, it thinks reasonable; and forthat purpose may cause a proper instrument to be executed by all necessary parties.

Power to order monthly or weekly payments- In every such case the court may make an order on thehusband for payment to the wife of such monthly or weekly sums for her maintenance and support asthe court may think reasonable:

PROVIDED that if the husband afterwards from any cause becomes unable to make such payments, itshall be lawful for the court to discharge or modify the order, or temporarily to suspend the same as to the whole or any part of the money so ordered to be paid, and again to revive the same orderwholly or in part as to the court seems fit.

38. Court may direct payment of alimony to wife or to her trustee  – In all cases in which theCourt makes any decree or order for alimony, it may direct the same to be paid either to the wifeherself, or to any trustee on her behalf to be approved by the court, and may impose any terms or restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, ifit appears to the court expedient so to do.

CHAPTER X

SETTLEMENTS

39. Power to order settlement of wife’s property for benefit of husband and children –Whenever the court pronounces a decree of dissolution of marriage or judicial separation for adulteryof the wife, if it is made to appear to the court that the wife is entitled to any property, the courtmay, if it thinks fit, order such settlement as it thinks reasonable to be made of such property or anypart thereof, for the benefit of the husband, or of the children of the marriage, or of both.

Any instrument executed pursuant to any order of the court at the time or after the pronouncing of adecree of dissolution of marriage or judicial separation, shall be deemed valid notwithstanding theexistence of the disability of coverture at the time of the execution thereof.

Settlement of damages- The court may direct that the whole or any part of the damages recoveredunder section 34, shall be settled for the benefit of the children of the marriage, or as a provision forthe maintenance of the wife.

40. Inquiry into existence of ante-nuptial or post-nuptial settlements –The High Court, after adecree absolute for dissolution of marriage, or a decree of nullity of marriage, and the District Court,after its decree for dissolution of marriage or of nullity of marriage has been confirmed, may inquireinto the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage isthe subject of the decree, and may make such orders, with reference to the application of the wholeor a portion of the property settled, whether for the benefit of the husband or the wife, or the children(if any) of the marriage, or of both children and parents, as to the court seems fit:

PROVIDED that the court shall not make any order for the benefit of the parents or either of them atthe expense of the children.

CHAPTER XI

CUSTODY OF CHILDREN

41. Power to make orders as to custody of children in suits for separation –In any suit forobtaining a judicial separation the court may from time to time, before making its decree, make suchinterim orders, and may make such provision in the decree, as it deems proper with respect to thecustody, maintenance and education of the minor children, the marriage of whose parents is thesubject of such suit, and may, if it thinks fit, direct proceedings to be taken for placing such childrenunder the protection of the said court.

42. Power to make such orders after decree – The court, after a decree of judicial separation,may upon application (by petition) for this purpose make, from time to time, all such orders and provisions, with respect to the custody, maintenance and education of the minor children, themarriage of whose parents is the subject of the decree, or for placing such children under theprotection of the said court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.

43. Power to make orders as to custody of children in suits for dissolution or nullity –In anysuit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in, or removed to, a High Court, the court may from time to time, before making its decree absolute or its decree (asthe case maybe), make such interim orders, and may make such provision in the decree absolute ordecree, and in any such suit instituted in a District Court, the court may from time to time, before itsdecree is confirmed, make such interim orders, and may make such provision on such confirmation,as the High Court or District Court (as the case may be) deems proper with respect to the custody,maintenance and education of the minor children, the marriage of whose parents is the subject of thesuit, and may, if it thinks fit, direct proceedings to be taken for placing such children under theprotection of the court.

44. Power to make such orders after decree or confirmation –The High Court after a decreeabsolute for dissolution of marriage or a decree of nullity of marriage, and the District Court after adecree for dissolution of marriage or of nullity of marriage has been confirmed, may, upon applicationby petition for the purpose, make from time to time all such orders and provisions, with respect tothe custody, maintenance and education of the minor children, and the marriage of whose parentswas the subject of the decree, or for placing such children under the protection of the said court, asmight have been made by such decree absolute or decree (as the case may be), or by such interimorders as aforesaid.

CHAPTER XII

PROCEDURE

45. Code of Civil Procedure to apply –Subject to the provisions herein contained, all proceedingsunder this Act between the party and party shall be regulated by the Code of Civil Procedure18.

46. Forms of petitions and statements –The forms set forth in the Schedule to this Act, with suchvariation as the circumstances of each case require, maybe used for the respective purposesmentioned in such Schedule.

47. Stamp on petition-Petition to state absence of collusion –Every petition under this Act for adecree of dissolution of marriage, or of nullity of marriage, or of judicial separation 19[***] shall20[***] state that there is not any collusion or connivance between the petitioner and the otherparty to the marriage.

Statements to be verified- The statements contained in every petition under this Act shall be verifiedby the petitioner or some other competent person in manner required by law for the verification ofplaints, and may at the hearing be referred to as evidence.

48. Suits on behalf of lunatics –When the husband or wife is a lunatic or idiot, any suit under thisAct (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by thecommittee or other person entitled to his or her custody.

49. Suits by minors –Where the petitioner is a minor, he or she shall sue by his or her next friendto be approved by the court; and no petition presented by a minor under this Act shall be filed untilthe next friend has undertaken in writing to be answerable for costs. Such undertaking 21[* * *]shall be filed in court, and the next friend shall thereupon be liable in the same manner and to thesame extent as if he were a plaintiff in an ordinary suit.

50. Service of petition –Every petition under this Act shall be served on the party to be affectedthereby, either within or without 22[India], in such manner as the High Court by general or specialorder from time to time directs:

PROVIDED that the court may dispense with such service altogether in case it seems necessary orexpedient so to do.

51. Mode of taking evidence –The witnesses in all proceedings before the court, where their

attendance can be had, shall be examined orally, and any party may offer himself or herself as awitness, and shall be examined, and may be cross-examined and re-examined, like any other witness:

PROVIDED that the parties shall be at liberty to verify their respective cases in whole or in part byaffidavit, but so that the deponent in every such affidavit shall, on the application of the oppositeparty, or by direction of the court, be subject to be cross-examined by or on behalf of the oppositeparty orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalfof the party by whom such affidavit was filed.

52. Competence of husband and wife to give evidence as to cruelty or desertion –On anypetition presented by a wife, praying that her marriage may be dissolved by reason of her husbandhaving been guilty of adultery coupled with cruelty, or adultery coupled with desertion withoutreasonable excuse, the husband and wife respectively shall be competent and compellable to giveevidence of or relating to such cruelty or desertion.

53. Power to close doors –The whole or any part of any proceeding under this Act may be heard, ifthe court thinks fit, with closed doors.

54. Power to adjourn –The court may, from time to time, adjourn the hearing of any petition underthis Act, and may require further evidence thereon if it sees fit so to do.

55. Enforcement of, and appeal from, orders and decrees –All decrees and orders made by thecourt in any suit or proceeding under this Act shall be enforced and may be appealed from, in the likemanner as the decrees and orders of the court made in the exercise of its original civil jurisdiction areenforced and may be appealed from, under the laws, rules and orders for the time being in force:

PROVIDED that there shall be no appeal from a decree of a District Judge for dissolution of marriageor of nullity of marriage: nor from the order of the High Court confirming or refusing to confirm suchdecree:  No appeals as to costs-PROVIDED also that there shall be no appeal on the subject of costsonly.

56. Appeal to the Supreme Court –Any person may appeal to 23[the Supreme Court] from anydecree (other than a decree nisi) or order under this Act of a High Court made on appeal or otherwise,and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of a High Court or of any Division Court from which an appeal shall not lie tothe High Court,when the High Court declares that the case is a fit one for appeal to 23[the SupremeCourt].

CHAPTER XIII

RE-MARRIAGE

57. Liberty to parties to marry again, When six months after the date of an order a High Court confirming the decree for a dissolution of marriage made by a District Judge have expired, or whensix months after the date of any decree of a High Court dissolving a marriage have expired, and noappeal has been presented against such decree to the High Court in its appellate jurisdiction, or whenany such appeal has been dismissed, or when in the result of any such appeal any marriage isdeclared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriageto marry again, as if the prior marriage had been dissolved by death:

PROVIDED that no appeal to 23[Supreme Court] has been presented against any such order ordecree. When such appeal has been dismissed, or when in the result thereof the marriage is declaredto be dissolved, but no sooner, it shall be lawful for the respective parties to the marriage to marryagain as if the prior marriage had been dissolved by death.

58. English clergyman not compelled to solemnize marriages of persons divorced for adultery Noclergyman in Holy Orders of the 24[***] Church of England 25[***] shall be compelled to solemnizethe marriage of any person whose former marriage has been dissolved on the ground of his or heradultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person.

59. English Minister refusing to perform ceremony to permit use of his Church  When any minister ofany Church or Chapel of the said 25[* * *] Church refuses to perform such marriage-service betweenany person who but for such refusal would be entitled to have the same service performed in suchChurch or Chapel, such minister shall permit any other minister in Holy Orders of the said Church,entitled to officiate within the diocese in which such Church or Chapel is situate, to perform suchmarriage service in such Church or Chapel.

CHAPTER XIV

MISCELLANEOUS

No reversal, discharge or variation of such decree or order shall affect any rights or remedies whichany person would otherwise have had in respect of any contracts or acts of the wife entered into ordone between the dates of such decree or order, and of the reversal, discharge or variation thereof.

Indemnity of persons making payment to wife without notice of reversal or decree or protection-order

All persons who in reliance on any such decree or order make any payment to, or permit any transferor act to be made or done by, the wife who has obtained the same shall, notwithstanding such decreeor order may then have been reversed, discharged or varied, or the separation of the wife from herhusband may have ceased, or at some time since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act,such decree or order were valid and still subsisting without variation, and the separation had notceased or been discontinued,unless, at the time of payment, transfer or other act, such persons hadnotice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation.

61. Bar of suit for criminal conversation– After this Act comes into operation, no person competent to present a petition under sections 2 and 10 shall maintain a suit for criminal conversation with his wife.

62. Power to make rules –The High Court shall make such rules under this Act as it may from timeto time consider expedient, and may from time to time alter and add to the same:

PROVIDED that such rules, alterations and additions are consistent with the provisions of this Act andthe Code of Civil Procedure.18

All such rules, alterations and additions shall be published in the Official Gazette.

SCHEDULE OF FORM

NO. 1-PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE WITH DAMAGESAGAINST CO-RESPONDENT, BY REASON OF ADULTERY (Sections 10 and 34)

In the (High) Court of …………………..

To the Hon’ble Mr. Justice ……………….or To the Judge of ………………….

The ………….day …………. of 20 ………………

The petition of A.B. of ………………………… Sheweth,

1. That your petitioner was on the …………day of,………………….. one thousand nine hundred and ………………lawfully married to C.B., then C.D., spinster at …………. (a)

2. That from his said marriage, your petitioner lived and cohabited with his said wife at…………………and at ………., in ……….. and lastly at ………….., in……………., and that your petitioner and his said wifehave had issue of their said marriage, five children, of whom two sons only survive, aged respectivelytwelve and fourteen years.

3. That during the three years immediately preceding ………….. the day of ………. one thousand ninehundred and ……………..X.Y. was constantly with a few exceptions, residing in the house of your petitioner………. at aforesaid, and that on diverse occasions during the said period, the dates ofwhich are unknown to your petitioner, the said C.B. in your petitioner’s said house committedadultery with the said X.Y.

4. That no collusion or connivance exists between me and my said wife for the purpose of obtaining adissolution of our said marriage or for any other purpose.

Your petitioner, therefore, prays that this (Hon’ble) Court will decree a dissolution of the saidmarriage, and that the said X.Y. do pay the sum of rupees, 5,000 as damages by reason of his having committed adultery with your petitioner’s said wife, such damages to be paid to your petitioner, orotherwise paid or applied as to this (Hon’ble) Court seems fit.

(Signed) A.B. (b).

Form of Verification

I, A.B., the petitioner named in the above petition, do declare that what is stated therein is true tothe best of my information and belief.

(a) If the marriage was solemnized out of India, the adultery must be shown to have been committedin India.

(b) The petition must be signed by the petitioner.

NO.2-RESPONDENT’S STATEMENT IN ANSWER TO NO. 1

In the Court of ………………the…. day of…… Between A.B., petitioner,………………….C.B, respondent,and………………. X.Y.,co-respondent.

C.B., the respondent, by D.E. her attorney (or vakil) in answer to the petition of A.B. says that shedenies that she has on diverse or any occasions committed adultery with X.Y., as alleged in the thirdparagraph of the said petition.  Wherefore the respondent prays that this (Hon’ble) Court will rejectthe said petition.

(Signed) C.B.

NO. 3-CO-RESPONDENT’S STATEMENT IN ANSWER TO NO. 1

In the (High) Court of ……………………..

The ………… day of ……………. Between A.B., petitioner, …………….C.B., respondent, and …………..X.Y.

co-respondent.

X.Y., the co-respondent, in answer to the petition filed in this cause, sayeth that he denies that hecommitted adultery with the said C.B. as alleged in the said petition.

Wherefore the said X.Y. prays that this (Hon’ble ) Court will reject the prayer of the said petitioner and order him to pay the costs of and incident to the said petition.

(Signed) X.Y.

NO. 4-PETITION FOR DECREE OF NULLITY OF MARRIAGE (Section 18)

In the (High) Court of …………….

To the Hon’ble Mr. Justice …………. Or to the Judge of …………………..

The ………..day of ………….. ,19 ………….. The petition of A.B. falsely called A.D.,……… Sheweth,

1. That on the …………. day of ………….; one thousand nine hundred and …………….your petitioner, then aspinster, eighteen years of age, was married, in fact, though not in law, to C.D., then a bachelor ofabout thirty years of age, at some place in India.

2. That from the said ……………. day of …………. one thousand nine hundred and ……….., until the monthof one thousand nine hundred and …………….., your petitioner lived and cohabited with the said C.D.,at diverse places, and particularly at ………. aforesaid.

3. That the said C.D. has never consummated the said pretended marriage by carnal copulation.

4. That at the time of the celebration of your petitioner’s said pretended marriage, the said C.D,. was,by reason of his impotency or malformation, legally incompetent to enter into the contract ofmarriage.

5. That there is no collusion or connivance between her and the said C.D. with respect to the subjectof this suit.

Your petitioner therefore prays that this (Hon’ble) Court will declare that the said marriage is null andvoid.

(Signed) A.B.

Form of Verification: See No. 1

NO. 5-PETITION BY WIFE FOR JUDICIAL SEPARATION ON THE GROUND OF HER HUSBAND’S

ADULTERY (Section 22)

In the (High) Court of ………………

To the Hon’ble Mr. Justice …………. or To the Judge of ……………………

The ………… day of ………..19 …………… The petition of C.B., of ………………..the wife of A.B. Sheweth,

1. That on the day of ………………. one thousand nine hundred, your petitioner, then C.D., was lawfullymarried to A.B., at the Church of ……………., in the …………..

2. That after her said marriage, your petitioner cohabited with the said A.B. at, ………. And at, ………and that your petitioner and her said husband have issue living Of their said marriage, three children,to wit, etc., etc., (a).

3. That on diverse occasions in or about the months of August, September and October, one thousandnine hundred and …………., the said A.B., at aforesaid, committed adultery with E.F., who was thenliving in the service of the said A.B. and your petitioner at their said residence……………. aforesaid.

4. That on diverse occasions in the months of October, November and December, one thousand ninehundred and ………….., the said A.B., at ………… aforesaid, committed adultery with G.H. who was then living in the service of the said A.B. and your petitioner at their said residence …….. aforesaid.

5. That no collusion or connivance exists between your petitioner and the said A.B. with respect tothe subject of the present suit. Your petitioner, therefore, prays that this (Hon’ble) Court will decree ajudicial separation to your petitioner from her said husband by reason of his aforesaid adultery.(Signed) C.B. (b)

(a) State the respective ages of the children.

(b) The petition must be signed by the petitioner.

Form of Verification: See No. I

NO.6-STATEMENT IN ANSWER TO NO. 5

In the (High) Court of …………………. B. against B.

The …………. day of …………….The respondent, A.B., by W.Y. his attorney or vakil sayeth,-

(1) That he denies that he committed adultery with E.F. as in the third paragraph of the petitionalleged.

(2) That the petitioner condoned the said adultery with E.F., if any.

(3) That he denies that he committed adultery with G.H., as in the fourth paragraph of the petitionalleged.

(4) That the petitioner condoned the said adultery with G.H., if any. Wherefore this respondent praysthat this (Hon’ble) Court will reject the prayer of the said petition. (Signed) A.B.

NO. 7-STATEMENT IN REPLY TO NO. 6

In the (High) Court of ……………..B against B.

The ……………….day of …………

The petitioner, C.B., by her attorney [or vakil], says-

(1) That she denies that she condoned that said adultery of the respondent with E.F. as in the secondparagraph of the statement in answer alleged.

(2) That even if she had condoned the said adultery, the same has been revived by the subsequent  adultery of the respondent with G.H., as set forth in the fourth paragraph of the petition.

(Signed)C.B

In the (High) Court of ………………….

To the Hon’ble Mr. Justice ………. or To the Judge of ………………

The ………….. day of ………… 19 ………………

The petition of A.B. (wife of C.B.) or …………………………………………………. Sheweth,

1. That on the ………….. day of ……,one thousand nine hundred and …………………., your petitioner, then A.D., spinster, was lawfully married to C.B., at ………………..

2. That from her said marriage, your petitioner lived and cohabited with her said husband at…………….. until the …….. day of ………….. one thousand nine hundred and ………….., when your petitionerseparated from her said husband as hereinafter more particularly mentioned, and that your petitionerand her said husband have had no issue of their said marriage.

3. That from and shortly after your petitioner’s said marriage, the said C.B. habitually conductedhimself towards your petitioner with great harshness and cruelty, frequently abusing her in thecoarsest and most insulting language, and beating her with his fists, with a cane, or with some otherweapon.

4. That on an evening in or about the months of ………………. two thousand and ……………….., the said C.B. in the highway and opposite to the house in which your petitioner and thesaid C.B. were then residing at ………… aforesaid, endeavoured to knock your petitioner down, and was only prevented from so doing by the interference of F.D., your petitioner’s brother.

5. That subsequently on the same evening, the said C.B. in his said house at ………… aforesaid, struckyour petitioner with his clenched fists a violent blow on her face.

6. That on one Friday night in the month of ………….. one thousand nine hundred and ………………, thesaid C.B., in ………….. without provocation, threw a knife at your petitioner, thereby inflicting a severewound on her right hand.

7. That on the afternoon of the ………………….day of ………..one thousand nine hundred and …………..,yourpetitioner, by reason of the great and continued cruelty practised towards her by her said husband,with assistance withdrew from the house of her said husband to the house of her father at ……………,that from and after the said ………… day of ……………., one thousand nine hundred and ……………., yourpetitioner hath lived separate and apart from her said husband, and hath never returned to his houseor to cohabitation with him.

8. That there is no collusion or connivance between your petitioner and her said husband with respectto the subject of the present suit.

Your petitioner, therefore, prays that this (Hon’ble) Court will decree a judicial separation betweenyour petitioner and the said C.B., and also order that the said C.B., do pay the costs of and incidentto these proceedings. (Signed) A.B.

Form of Verification: See No. 1

NO. 9-STATEMENT IN ANSWER TO NO. 8

In the (High) Court of ………………….

The ………….. day of ……………. Between A.B., petitioner, and C.B. respondent.

C.B., the respondent, in answer to the petition filed in this cause by W.J. his attorney [or vakil]sayeth that he denies that he has been guilty of cruelty towards the said A.B., as alleged in the said petition.(Signed) C.B.

NO. 10-PETITION FOR REVERSAL OF DECREE OF SEPARATIO (Section 24)

In the (High) Court of …………………….

To the Hon’ble Mr. Justice …………… or To the Judge of ………………..

The ……….. day of ………. 19 ………..

The petition ………….. A.B.,of ……………… Sheweth,

1. That your petitioner was on the ………….. day of ………….. lawfully married to ………..

2. That on the ……………day of……………., this (Hon’ble) Court at the petition of ………., pronounced adecree affecting the petitioner to the effect following, to wit,- (Here set out the decree)

3. That such decree was obtained in the absence of your petitioner, who was then residing at………………

[State facts tending to show that the petitioner did not know of the proceedings; and, further, thathad he known he might have offered a sufficient defence.] or

That there was reasonable ground for your petitioner leaving his said wife, for that his said wife[Here state any legal grounds justifying the petitioner’s separation from his wife]  Your petitioner,therefore, prays, that this (Hon’ble) Court will reverse the said decree.

(Signed) A.B.

Form of Verification: See No. 1

NO.11-PETITION FOR PROTECTION ORDER

(Section 27)

In the (High) Court of ……………….

To the Hon’ble Mr. Justice ……………or To the Judge of ………………..

The ………………… day of …………… 19 ………………..

The petition of C.B. , of ………….. the wife of A.B. Sheweth

That on the ………………… day of …………………. She was lawfully married to A.B., at ……………………..

That she lived and cohabited with the said A.B. for years at ……………., and also at ………….., and hathhad ………………. children, issue of her said marriage, of whom …………… are now living with theapplicant, and wholly dependent upon her earnings. That on or about ……………., the said A.B., withoutany reasonable cause, deserted the applicant, and hath ever since remained separate and apart from her.

That since the desertion of her said husband, the applicant hath maintained herself by her ownindustry or on her own property, as the case may be, and hath thereby and otherwise acquiredcertain property consisting of [here state generally the nature of the property] …………………….

WHEREFORE she prays an order for the protection of her earnings and property acquired since thesaid, ………….. day of …………. from the said A.B., and from all creditors and persons claiming underhim.

(Signed) C.B.

NO.12-PETITION FOR ALIMONY PENDING THE SUIT

(Section 36)

In the (High) Court of ………………………………………………………………. B. against B.

To the Hon’ble Mr. Justice……………….. or To the Judge of ………………….

The ……………….day of 19 ………..

The petition of C.B., the lawful ……………wife of A.B. Sheweth,

1. That the said A.B. has for some years carried on the business of ………………, at, ………… and fromsuch business derives the net annual income of from Rs. 4.000 to 5,000.

2. That the said A.B. is possessed of plate, furniture, linen and other effects at his said house,…………… aforesaid, all of which he acquired in right of your petitioner as his wife, or purchased withmoney he acquired through her, of the value of Rs. 10,000.

3. That the said A.B. is entitled, under the Will of his father, subject to the life interest of his mothertherein to property of the value of Rs. 5,000 or some other considerable amount.

Your petitioner, therefore, prays that this (Hon’ble) Court will decree such sum or sums of money byway of alimony, pending the suit, as to this (Hon’ble) Court may seem meet.

(Signed) C.B.

Form of Verification: See No. 1

NO. 13-STATEMENT IN ANSWER TO NO. 1

In the (High) Court of ………………..

B. against B.

A.B. of …………….., the above-mentioned respondent, in answer ……………. to the petition for alimony,pending the suit, of C.B., says-

1. In answer to the first paragraph of the said petition, I say that I have for the last three yearscarried, on the business of ……………., at …………… and that, from such business, I have derived a netannual income of Rs. 900, but less than Rs. 1,000.

2. In answer to the second paragraph of the said petition, I say, that I am possessed of plate,furniture, linen and other chattels and effects at my said house …………………………….. … aforesaid,of the value of Rs. 7, 000 but as I verify believe of no larger value. And I say that a portion of thesaid plate, furniture and other chattels and effects of value of Rs. 1,500, belonged to my said wifebefore our marriage, but the remaining portions thereof I have since purchased with my own monies.And I say that, save as thereinbefore set forth, I am not possessed of the plate and other effects asalleged in the said paragraph in the said petition, and that I did not acquire the same as in the saidpetition also mentioned.

3. I admit that I am entitled under the Will of my father, subject to the life- interest of my mothertherein, to property of the value of Rs. 5,000, that is to say, I shall be entitled under my said father’sWill, upon the death of my mother, to a legacy of Rs. 7,000, out of which I shall, have to pay to my father’s executors the sum of Rs. 2, 000 the amount of a debt owing by me to his estate, and uponwhich debt I am now paying interest at the rate of five per cent per annum.

4. And, in further answer to the said petition, I say that I have no income whatever except thatderived from my aforesaid business, that such income, since my said wife left me, which she did onthe ……….day of …………last, has been considerably diminished, and that such diminution is likely tocontinue . And I say that out of my said income I have to pay the annual sum of Rs. 100 for suchinterest as aforesaid to my late father’s executors, and also to support myself and my two eldestchildren.

5. And, in further answer to the said petition, I say that, when my wife left my dwelling house on the …………….day of …………….. last, she took with her, and has ever since withheld and still withholds fromme, plate, watches, and other effects in the second paragraph of this my answer mentioned, of thevalue of, as I verily believe, Rs. 800 at the least; and I also sathat, within five days of her departurefrom my house as aforesaid, my said wife received bills due to me from certain lodgers of mine,amounting in the aggregate to Rs …………….. and that she has ever since withheld and still withholdsfrom me the same sum.

(Signed) A.B.

NO. 14-UNDERTAKING BY MINOR’S NEXT FRIEND TO BE ANSWERABLE FOR RESPONDENT’SCOST

(Section 49)

In the (High) Court of ………………….

I, the undersigned A.B., of ………………being the next friend of C.D., who is a minor, and who isdesirous of filing a petition in this Court, under the Indian Divorce Act, against D.D. of ……………hereby undertake to be responsible for the costs of the said D.D. in such suit, and that, if this saidC.D. fails to pay to the said D.D. when and in such manner as the Court shall order all such costs ofsuch suit as the Court shall direct him [or her] to pay to the said D.D., I will forthwith pay the sameto the proper officer of this Court.

Dated this ………..day of …………19………..

(Signed) A.B.

Foot Note

1 The words “in India” omitted by Act No. 3 of 1951.

2 Substituted for the original first paragraph by AO 1948.

3 Substituted by AO 1950, for certain words.

4 Substituted for the words “except Part B States” by Act No. 3 of 1951.

5 Substituted by Act No. 25 of 1926.

6 Inserted by Act No. 30 of 1927.

7 Substituted for the former clause by AO. (No. 2) 1956.

8 Substituted by the Himachal Pradesh (Adaptation of Laws on State & Concurrent Subjects) Order,1968, w.e.f. 1st. November, 1966.

9 Substituted by the Lakshadweep (Alteration of Name ) Adaptation of Laws Order, 1974, for “Laccadive, Minicoy and Amindivi Islands” w.e.f. 1st. November, 1973.

10 Inserted by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and ConcurrentSubjects) Order 1968, w.e.f. 1st. November, 1966.

11 Substituted by AO 1950, for the former clause.

12 Substituted for “the dominions of Her Majesty” by AO 1950.

13 Added by Act No. 10 of 1912.

14 Substituted for the original section 17A by AO 1937.

15 Substituted by Act No. 3 of 1951, for certain words.

16 Second paragraph omitted, Act No. 3 of 1951.

17 Now see the Indian Succession Act, 1925 (Act No. 39 of Year 1925).

18 Now see the Code of Civil Procedure, 1908 (Act No. 5 of Year 1908).

19 The words “or of reversal of judicial separation, or for restitution of conjugal rights, or fordamages, shall bear a stamp of five rupees, and” repealed by Act No. 7 of 1870.

20 The words “in the first, second and third cases mentioned in this section”, repealed by Act No. 7 of1870.

21 The words “shall bear a stamp or eight annas and” repealed by Act No. 7 of 1870.

22 Substituted by AO 1950, for the words “the Provinces” which had been substituted by AO 1948,for the words “British India”.

23 Substituted by AO 1950 for the words “Her Majesty in Council”.

24 The word “United” repealed by Act No. 12 of 1873.

25 The words “and Ireland” repealed by Act No. 12 of 1873.

Comments

comments