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The Divorce Act 1869

ACT NO. 4 OF 18691

[26th February, 1869.]

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:-

Section 1. Short title. Commencement of Act.

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

Section 2 Extent of Act

Section 3 Interpretation-clause

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 8 Extraordinary jurisdiction of High Court

Section 9 Reference to High Court

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 18 Petition for decree of nullity

Section 19 Grounds of decree

Section 21 Children of annulled marriage

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

Section 26 Decree of separation obtained during absence of husband or wife may be reversed

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 Wifes legal position during continuance of order

Section 32 Petition for restitution of conjugal rights

Section 33 Answer to petition

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

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

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

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

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

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

Section 61 Bar of suit for criminal conversation

Section 62 Power to make rules


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