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Divorce Act, 1869
Section
Section Title
Preamble
Chapter I Preliminary
1
Short title, commencement of Act.
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2
Extent of Act.
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3
Interpretation-clause.
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Chapter II Jurisdiction
4
Matrimonial jurisdiction of High Courts to be exercised subject to Act Exception.
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5
Enforcement of decrees or orders made heretofore by Supreme or High Court.
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6
Pending suits.
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7
Court to act on principles of English Divorce Court.
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8
Extraordinary jurisdiction of High Court.
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9
Reference to High Court.
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Chapter III Dissolution of Marriage.
10
When husband may petition for dissolution, when wife may petition for dissolution, Contents of petition.
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11
Adulterer to be co-respondent.
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12
Court to be satisfied of absence of collusion.
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13
Dismissal of petition.
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14
Power to Court to pronounce decree for dissolving marriage Condo nation.
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15
Relief in case of opposition on certain grounds.
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16
Decrees for dissolution to be nisi, Collusion.
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17
Confirmation of decree for dissolution by District Judge.
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17A
Appointment of officer to exercise duties of King's Proctor.
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Chapter IV Delinquent Juveniles.
18
Petition for decree of nullity.
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19
Grounds of decree.
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20
Confirmation of District Judge's decree.
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21
Children of annulled marriage.
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Chapter V Judicial Separation.
22
Bar to decree for divorce a mensa et toro: but judicial separation obtainable by husband or wife.
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23
Application for separation made by petition.
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24
Separated wife deemed spinster with respect to after-acquired property.
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25
Separated wife deemed spinster for purposes of contract and suing.
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26
Decree of separation obtained during absence of hunband or wife may be reversed.
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Chapter VI Protection-Orders.
27
Deserted wife may apply to Court for protection.
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28
Court may grant protection-order.
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29
Discharge or variation of orders.
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30
Liability of husband seizing wife's property after notice of order.
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31
Wife's legal position during continuance of order.
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Chapter VII Restitution of Conjugal Rights.
32
Petition for restitution of conjugal rights.
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33
Answer to petition.
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Chapter VIII Damages and Costs.
34
Husband may claim damages from adulterer.
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35
Power to order adulterer to pay costs, Power to order litigious intervenor to pay costs.
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Chapter IX Alimony
36
Alimony pendente lite.
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37
Power to order permanent alimony, Power to order monthly or weekly payments.
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38
Court may direct payment of alimony to wife or to her trustee.
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Chapter X Settlements.
39
Power to order settlement of wife's property for benefit of husband and children, Settlement of damages.
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40
Inquiry into existence of ante-nuptial or post-nuptial settlements.
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Chapter XI Custody of Children.
41
Power to make orders as to custody of children in suit for separation.
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42
Power to make such orders after decree.
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43
Power to make orders as to custody of children in suits for dissolution or nullity.
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44
Power to make such orders after decree or confirmation.
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Chapter XII Procedure.
45
Code of Civil Procedure to apply.
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46
Forms of petitions and statements.
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47
Petition to state absence of collusion, Statements to be verified.
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48
Suits on behalf of lunatics.
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49
Suits by minors.
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50
Service of petition.
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51
Mode of taking evidence.
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52
Competence to husband and wife to give evidence as to cruelty or desertion.
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53
Power to close doors.
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54
Power to adjourn.
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55
Enforcement of, and appeal from, orders and decrees, No appeal as to costs.
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56
Appeal to the Supreme Court.
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Chapter XIII Re-marriage.
57
Liberty to parties to marry again.
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58
English clergyman not compelled to solemnize marriages of persons divorced for adultery.
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59
English Minister refusing to perform ceremony to permit use of his Church.
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Chapter XIV Miscellaneous.
60
Decree for separation or protection-order valid as to persons dealing with wife before reversal.
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61
Bar of suit for criminal conversation.
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62
Power to make rules.
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