Section 46 of the Divorce Act 1869 - Forms of Petitions and Statements

Section 46 of the Divorce Act, 1869 deals with the statutory forms that may be used for petitions and statements under the Act. It connects matrimonial proceedings under the Act with the model forms contained in its Schedule.

Text and meaning of Section 46

Section 46 - Forms of petitions and statements The forms set forth in the Schedule to the Act, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in the Schedule.

The provision is procedural. It permits the forms in the Schedule to be used as models for the proceedings for which they are prescribed. The words allowing variation according to the circumstances of the case mean that the relevant form can be adapted to the facts and relief involved rather than being treated as an inflexible template.

What is the Schedule of Forms?

The Schedule to the Divorce Act, 1869 contains model forms for specified matrimonial proceedings. These include forms relating to petitions, answers, replies and certain applications or undertakings contemplated by the Act.

petition for dissolution of marriage in the form specified in the Schedule;
respondent and co-respondent statements in answer;
petition for a decree of nullity of marriage;
petition for judicial separation and related statements;
petition for reversal of a decree of separation;
petition for alimony pending the suit and the statement in answer; and
undertaking by the next friend of a minor concerning the respondent's costs.

The current statutory text and the complete Schedule should be checked before preparing a pleading because the form must be adapted to the facts, applicable amendments, court rules and procedural requirements.

Section 46 read with Sections 45 and 47

Section 45 - Code of Civil Procedure to apply

Section 45 provides that, subject to the provisions of the Divorce Act, proceedings between party and party under the Act are regulated by the Code of Civil Procedure. Accordingly, the Schedule forms under Section 46 operate within the wider procedural framework applicable to the proceeding.

Section 47 - Pleading and verification requirements

Section 47 requires a petition for dissolution of marriage, nullity of marriage or judicial separation to state that there is no collusion or connivance between the petitioner and the other party to the marriage. It also requires statements in petitions under the Act to be verified in the manner required by law for verification of plaints.

Practical point: Section 46 authorizes use of the statutory forms with necessary variations. A filing should therefore reflect the current statutory provisions, the facts of the case, applicable Code of Civil Procedure requirements and the rules or filing directions of the court concerned.

Official legal resources

Frequently asked questions

Is the form in the Schedule required to be copied word for word?

Section 46 expressly permits variation according to the circumstances of the case. The relevant statutory form is therefore a model that may be adapted where the facts and procedural requirements require changes.

Does Section 46 itself create a ground for divorce?

No. Section 46 concerns forms of petitions and statements. The substantive grounds and reliefs are governed by the relevant provisions of the Divorce Act, 1869.

Should Section 46 be read alone?

No. For procedure and pleading, it is useful to read Section 46 together with Section 45, Section 47, the Schedule of Forms, the Code of Civil Procedure and applicable court rules.

Updated: 24 September 2026. This page is a general legal information resource and should be read with the current statutory text and applicable court rules.