The Divorce Act, 1869 – All Sections

An Act to amend the law relating to Divorce and Matrimonial Causes.

The Divorce Act, 1869 has 64 sections in 1 chapter, amended 10 times. Each link below opens the official text of that section. Official PDF on India Code.

The Divorce Act, 1869 PDF

All sections of the Divorce Act, 1869

• Section 1 – Short title
• 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 7 – [Omitted.] (omitted/repealed)
• 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 17A – [Omitted.] (omitted/repealed)
• Section 18 – Petition for decree of nullity
• Section 19 – Grounds of decree
• Section 20 – [Omitted.] (omitted/repealed)
• 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 – Wife’s legal position during continuance of order
• Section 32 – Petition for restitution of conjugal rights
• Section 33 – Answer to petition
• Section 34 – Omitted (omitted/repealed)
• Section 35 – [Omitted.] (omitted/repealed)
• 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 39 – Omitted (omitted/repealed)
• 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