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:-
I.- PRELIMINARY
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 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 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 21 Children of annulled marriage
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 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 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 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 61 Bar of suit for criminal conversation
Section 62 Power to make rules