The Indian Divorce Act, 1869

The Indian Divorce Act, 1869ACT

No. 4 OF 1869 1*[26th February, 1869.]

An Act to amend the law relating to Divorce and Matrimonial Causes 2***

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:-

INDIA CODE, VOL-II, (1856-1879) I.-PRELIMINARY 1. Short title 1. Short title. Commencement of 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.-3*[This Act extends to 4*[the whole of India 5*[except the State of Jammu and Kashmir]].] Extent of power to rant relief generally, Extent of power to grant relief generally,-6*[Nothing hereinafter contained shall authorise any Court to grant any relief under this Act except where the petitioner 7*[or respondent] professes the Christian religion, and to make decrees of dissolution, and to make decrees of dissolution,-or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in India at the time when the petition is presented, or of nullity. or of nullity.-or to make decrees of nullity of marriage except where the marriage has been solemnized in India and 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 of marriage, except where the petitioner resides in India at the time of presenting the petition.]

3. Interpretation-clause.-In this Act, unless there be Collected by the All India Christian Council,

- 8[(1) "High Court".- "High Court" means with reference to any area: (a) in a State, the High Court for that State; 9[(b) in Delhi, the High Court of Delhi; (bb) in Himachal Pradesh, the High Court of Punjab and Haryana up to and inclusive of the 30th April, 1967 and the High Court of Delhi thereafter;] (c) in Manipur and Tripura, the High Court of Assam; (d) in the Andaman and Nicobar Islands, the High Court at Calcutta; (e) in 10*[Lakshadweep], the High Court of Kerala; 11[(ee) in Chandigarh, the High Court of Punjab and Haryana;]