Section 6 of the Divorce Act, 1869 - Pending Suits

Section 6 is a transitional provision in the Divorce Act, 1869. It deals with matrimonial suits and proceedings that were already pending in a High Court when the Act came into operation.

Text of Section 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.

Meaning and purpose of Section 6

The provision ensured continuity when the Divorce Act, 1869 came into force. A matrimonial case that was already pending before a High Court did not have to be started again merely because the new Act commenced. Instead, the same High Court could continue to deal with and decide that matter, so far as possible, as though it had originally been instituted under the Divorce Act, 1869.

The words "so far as may be" recognize the transitional nature of the provision. Section 6 was designed to apply the new statutory framework to already pending matrimonial matters to the extent practicable.

What are "causes and matters matrimonial"?

In the context of the Act, the expression refers generally to matrimonial proceedings falling within the jurisdiction governed by the Divorce Act, 1869. Section 4 places the matrimonial jurisdiction exercised by the High Courts, and jurisdiction exercised by District Courts under the Act, subject to the provisions of the Act.

Present legal relevance

Section 6 remains in the text of the Divorce Act, 1869. Its operation is essentially historical and transitional because it addresses suits and proceedings that were pending when the Act originally came into operation. It should therefore be distinguished from provisions governing the institution and adjudication of present-day matrimonial proceedings under the Act.

Legal note: The Divorce Act, 1869 is Act No. 4 of 1869. Section 7 was omitted by the Indian Divorce (Amendment) Act, 2001, while Section 6 continues to appear in the current official text. For the authoritative statutory text and amendments, refer to India Code.

Related provisions

Section 6 forms part of the jurisdiction provisions of the Act. Readers may also refer to Section 4 - Matrimonial jurisdiction of High Courts, Section 5 - Enforcement of earlier decrees or orders, and Section 8 - Extraordinary jurisdiction of High Court.

Statutory position checked against the official India Code text in September 2026.