The Divorce Act, 1869

This Act may be called the 1*** Divorce Act, and shallcome into operation on the first day of April, 1869.

1[This Act extends to 2[the whole of India 3[except the state of Jammu andKashmir*]].] Extent of power to grant relief generally.-- 4[Nothing hereinafter contained shallauthorise any Court to grant any relief under this Act except where the petitioner 5[orrespondent professes the Christian religion], and to make decrees of dissolution.--or to make decrees of dissolution of marriage except wherethe parties to the marriage are domiciled in India at the time when the petition is presented, or of nullity--.or to make decrees of nullity of marriage except where the marriage hasbeen solemnized in India and the petitioner is resident in India at the time of presenting thepetition, or to grant any relief under this Act, other than a decree of dissolution of marriage or ofnullity of marriage, except where the petitioner resides in India at the time of presenting thepetition].

In this Act, unless there be something repugnant in the subject orcontext, -- 1[(1) "High Court".-- "High Court" means with reference to any area:-- (a) in a State, the High Court for that State; 2[(b) in Delhi, the High Court of Delhi; (bb) in Himachal Pradesh, the High Court of Punjab and Haryana up to and inclusive of the30th 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 3[Lakshadweep], the High Court of Kerala; 4[(ee) in Chandigarh, the High Court of Punjab and Haryana]; and in the case of any petition under this Act, "High Court" means the High Court for the area wherethe husband and wife reside or last resided together; 5[(2) "District Judge" means a Judge of a principal civil court of original jurisdiction howeverdesignated]: (3) "District Court" means, in the case of any petition under this Act, the court of the DistrictJudge within the local limits of whose ordinary jurisdiction, 6[or of whose jurisdiction under this Actthe marriage was solemnized or] the husband and wife reside or last resided together; (4) "Court" means the High Court or the District Court, as the case may be; (5) "minor children" means, in the case of sons of Native fathers, boy, who have not completedthe age of sixteen years, and, in the case of daughters of Native fathers, girls who have not completedthe age of thirteen years; In other cases it means unmarried children who have not completed the ageof eighteen years; 7**** * 8* * * ** (8) "marriage with another woman" means marriage of any person, being married, to any otherperson, during the life of the former wife, whether the second marriage shall have taken placewithin 9[India] or elsewhere; (9) "desertion", implies an abandonment against the wish of the person charging it; and (10) "property" includes in the case of a wife, any property to which she is entitled for an estate inremainder or reversion or as a trustee, executrix or administratrix; and the date of the death of thetestator or intestate shall be deemed to be the time at which any such wife becomes entitled asexecutrix or administratrix.

Thejurisdiction now exercised by the High Courts in respect of divorce a mensa et toro, and in all othercauses, suits and matters matrimonial, shall be exercised by such courts and by the District Courtssubject to the provisions in this Act contained, and not otherwise; except so far as relates to thegranting of marriage-licenses, which may be granted as if this Act had not been passed.

Any decree or order of the late Supreme Court of Judicature at Calcutta, Madras or Bombay sitting onthe ecclesiastical side, or of any of the said High Courts sitting in the exercise of their matrimonialjurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by thesaid High Courts, respectively, as hereinafter mentioned, in like manner as if such decree or order hadbeen originally made under this Act by the Court so enforcing or dealing with the same.