The Divorce Act, 1869
Central law governing divorce and matrimonial causes for persons professing the Christian religion in India, including dissolution of marriage, mutual consent divorce, nullity, judicial separation, alimony, custody, procedure and appeals.
Overview of the Divorce Act, 1869
The Divorce Act, 1869 is an Act to amend the law relating to divorce and matrimonial causes. Its preamble concerns the divorce of persons professing the Christian religion and the jurisdiction of courts in matrimonial matters.
Section 2 governs the territorial and personal scope of relief under the Act. The official India Code text records that the Act was made applicable to the Union Territory of Jammu and Kashmir and the Union Territory of Ladakh by notification dated 30 October 2019.
Current-law note: The Personal Laws (Amendment) Act, 2019 amended section 10 of the Divorce Act by omitting clause (iv), which had referred to leprosy as a ground for dissolution. The section links below are retained for convenient navigation to the site's detailed provision pages.
Divorce groundsSection 10 sets out statutory grounds for dissolution of marriage.
Mutual consentSection 10A provides for dissolution of marriage by mutual consent.
Judicial separationPart V deals with judicial separation and related consequences.
AlimonyPart IX contains provisions concerning alimony.
Child custodyPart XI addresses orders relating to custody of children.
AppealsSections 55 and 56 concern appeals and the Supreme Court.
Section 1 - Short title and commencement
This Act may be called the Divorce Act and came into operation on 1 April 1869.
Preliminary & jurisdiction
- Section 2Extent of Act
- Section 3Interpretation-clause
- Section 4Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception
- Section 5Enforcement of decrees or orders made heretofore by Supreme or High Court
- Section 6Pending suits
- Section 8Extraordinary jurisdiction of High Court
- Section 9Reference to High Court
Dissolution of marriage
- Section 10Grounds for dissolution of marriage
- Section 10ADissolution of marriage by mutual consent
- Section 11Adulterer to be co-respondent
- Section 12Court to be satisfied of absence of collusion
- Section 13Dismissal of petition
- Section 14Power to Court to pronounce decree for dissolving marriage
- Section 15Relief in case of opposition on certain grounds
- Section 16Decrees for dissolution to be nisi
- Section 17Power of High Court to remove certain suits
Nullity & judicial separation
- Section 18Petition for decree of nullity
- Section 19Grounds of decree
- Section 21Children of annulled marriage
- Section 22Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife
- Section 23Application for separation made by petition
- Section 24Separated wife deemed spinster with respect to after-acquired property
- Section 25Separated wife deemed spinster for purposes of contract and suing
- Section 26Decree of separation obtained during absence of husband or wife may be reversed
Protection & restitution
- Section 27Deserted wife may apply to court for protection
- Section 28Court may grant protection-order
- Section 29Discharge or variation of orders
- Section 30Liability of husband seizing wife's property after notice of order
- Section 31Wifes legal position during continuance of order
- Section 32Petition for restitution of conjugal rights
- Section 33Answer to petition
Alimony, settlements & children
- Section 36Alimony pendente lite
- Section 37Power to order permanent alimony
- Section 38Court may direct payment of alimony to wife or to her trustee
- Section 40Inquiry into existence of ante-nuptial or post-nuptial settlements
- Section 41Power to make orders as to custody of children in suit for separation
- Section 42Power to make such orders after decree
- Section 43Power to make orders as to custody of children in suits for dissolution or nullity
- Section 44Power to make such orders after decree or confirmation
Procedure, appeals & miscellaneous
- Section 45Code of Civil Procedure to apply
- Section 46Forms of petitions and statements
- Section 47Petition to state absence of collusion
- Section 48Suits on behalf of lunatics
- Section 49Suits by minors
- Section 50Service of petition
- Section 51Mode of taking evidence
- Section 52Competence of husband and wife to give evidence as to cruelty or desertion
- Section 53Power to close doors
- Section 54Power to adjourn
- Section 55Enforcement of, and appeals from, orders and decrees
- Section 56Appeal to the Supreme Court
- Section 57Liberty to parties to marry again
- Section 58English clergyman not compelled to solemnize marriages of persons divorced for adultery
- Section 59English Minister refusing to perform ceremony to permit use of his Church
- Section 60Decree for separation or protection-order valid as to persons dealing with wife before reversal
- Section 61Bar of suit for criminal conversation
- Section 62Power to make rules