LAWGIST
Home
The Divorce Act
`1869
An Act to amend the law relating to Divorce and Matrimonial Causes.
List of Chapters & Sections
I.--PRELIMINARY
II.--JURISDICTION
III.--DISSOLUTION OF MARRIAGE
IV.--NULLITY OF MARRIAGE
V.--JUDICIAL SEPARATION
Reversal of Decree of Separation
VI.--PROTECTION-ORDERS
VII.--RESTITUTION OF CONJUGAL RIGHT
VIII.--DAMAGES AND COSTS
IX.--ALIMONY
X.--SETTLEMENTS
XI.--CUSTODY OF CHILDREN
XII.--PROCEDURE
XIII.--RE-MARRIAGE
XIV.--MISCELLANEOUS
I.--PRELIMINARY
1
Short title
2
Extent of Act
3
Interpretation-clause
II.--JURISDICTION
4
Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception
5
Enforcement of decrees or orders made heretofore by Supreme or High Court
6
Pending suits
7
[Omitted.]
8
Extraordinary jurisdiction of High Court
9
Reference to High Court
III.--DISSOLUTION OF MARRIAGE
10
Grounds for dissolution of marriage
10A
Dissolution of marriage by mutual consent
11
Adulterer to be co-respondent
12
Court to be satisfied of absence of collusion
13
Dismissal of petition
14
Power to Court to pronounce decree for dissolving marriage
15
Relief in case of opposition on certain grounds
16
Decrees for dissolution to be nisi
17
Power of High Court to remove certain suits
17A
[Omitted.]
IV.--NULLITY OF MARRIAGE
18
Petition for decree of nullity
19
Grounds of decree
20
[Omitted.]
21
Children of annulled marriage
V.--JUDICIAL SEPARATION
22
Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wif
23
Application for separation made by petition
24
Separated wife deemed spinster with respect to after-acquired property
25
Separated wife deemed spinster for purposes of contract and suing
Reversal of Decree of Separation
26
Decree of separation obtained during absence of husband or wife may be reversed
VI.--PROTECTION-ORDERS
27
Deserted wife may apply to court for protection
28
Court may grant protection-order
29
Discharge or variation of orders
30
Liability of husband seizing wife’s property after notice of order
31
Wife’s legal position during continuance of order
VII.--RESTITUTION OF CONJUGAL RIGHT
32
Petition for restitution of conjugal rights
33
Answer to petition
VIII.--DAMAGES AND COSTS
34
Omitted
35
[Omitted.]
IX.--ALIMONY
36
Alimony pendente lite
37
Power to order permanent alimony
38
Court may direct payment of alimony to wife or to her trustee
X.--SETTLEMENTS
39
Omitted
40
Inquiry into existence of ante-nuptial or post-nuptial settlements
XI.--CUSTODY OF CHILDREN
41
Power to make orders as to custody of children in suit for separation
42
Power to make such orders after decree
43
Power to make orders as to custody of children in suits for dissolution or nullity
44
Power to make such orders after decree or confirmation
XII.--PROCEDURE
45
Code of Civil Procedure to apply
46
Forms of petitions and statements
47
Petition to state absence of collusion
48
Suits on behalf of lunatics
49
Suits by minors
50
Service of petition
51
Mode of taking evidence
52
Competence of husband and wife to give evidence as to cruelty or desertion
53
Power to close doors
54
Power to adjourn
55
Enforcement of, and appeals from, orders and decrees
56
Appeal to the Supreme Court
XIII.--RE-MARRIAGE
57
Liberty to parties to marry again
58
English clergyman not compelled to solemnize marriages of persons divorced for adultery
59
English Minister refusing to perform ceremony to permit use of his Church
XIV.--MISCELLANEOUS
60
Decree for separation or protection-order valid as to persons dealing with wife before reversal
61
Bar of suit for criminal conversation
62
Power to make rules