#THE DIVORCE ACT, 1869 
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##ARRANGEMENT OF SECTIONS 
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PREAMBLE 

###I.—PRELIMINARY 

SECTIONS 

1. Short title. 
Commencement of Act. 

2. Extent of Act. 
Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity. 

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. 
Power to transfer suits. 

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.
Condonation. 

15. Relief in case of opposition on certain grounds. 

16. Decrees for dissolution to be nisi. 
Collusion. 

17. Power of High Court to remove certain suits. 

17A. [Omitted.].
 
###IV.—NULLITY OF MARRIAGE 

SECTIONS 

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 
wife. 

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 bereversed.   

###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 RIGHTS 

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. 
Power to order monthly or weekly payments. 

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. 
Statements to be verified. 

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. 
No appeal as to costs. 

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 withwife before reversal. 
Indemnity of persons making payment to wife without notice of reversal ofdecree or protection-
order. 

61. Bar of suit for criminal conversation. 

62. Power to make rules.  

 


###SCHEDULE OF FORMS 

NOS. 

1. Petition by husband for a dissolution of marriage with damages againstco-respondent, by reason 
of adultery.  

2. Respondent’s statement in answer to No. 1. 

3. Co-respondent’s statement in answer to No. 1. 

4. Petition for decree of Nullity of Marriage. 

5. Petition by wife for judicial separation on the ground of her husband’s adultery. 

6. Statement in answer to No. 5. 

7. Statement in reply to No. 6. 

8. Petition for a judicial separation by reason of cruelty. 

9. Statement in answer to No. 8. 

10. Petition for reversal of decree of separation. 

11. Petition for protection-order. 

12. Petition for Alimony pending the suit. 

13. Statement in answer to No. 12.  

14. Undertaking by minor’s next friend to be answerable for respondent’s costs.  
 
 
 
#THE DIVORCE ACT, 1869  

##ACT NO. 4 OF 1869

[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 

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.

2. **Extent of Act.**— This Act extends to the whole of India except the state of Jammu and 
Kashmir[^1].

**Extent of power to grant relief generally.**— Nothing hereinafter  contained  shall 
authorise  any  Court  to  grant  any  relief  under  this  Act  except  where  the  petitioner  8 [or 
respondent] professes the Christian religion, 

**and to make decrees of dissolution.**—or to make decrees of dissolution of marriage except where 
the 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  has 
been solemnized in India and the petitioner is resident in In dia at the time of presenting the 
petition, 

or  to  grant  any  relief  under  this  Act,  other  than  a  decree  of  dissolution  of  marriage  or  of 
nullity  of  marriage,  except  where  the  petitioner  resides  in  India  at  the  time  of  presenting  the 
petition.

3. **Interpretation-clause.**—In  this  Act,  unless  there  be  something  repugnant  in  the  subject  or 
context,— 

(1) “High Court”.—“High Court” means with reference to any area:— 

(a)in a State, the High Court for that State; 

(b)in Delhi, the High Court of Delhi; 

(bb)in Himachal Pradesh, the High Court of Punjab and Haryana up to and inclusive of the 
30th 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 Lakshadweep, the High Court of Kerala; 

(ee) in Chandigarh, the High Court of Punjab and Haryana;

[^1].Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir 
and the Union territory of Ladakh. 

 
                                                      
and in the case of any petition under this Act, “High Court” means the High Court for the area where 
the husband and wife reside or last resided together;

(2) “District Judge” means a Judge of a principal civil court of original jurisdiction however 
designated;

(3) “District Court” means, in  the  case  of  any  petition  under  this  Act,  the  court  of  the  District 
Judge within the local limits of whose ordinary jurisdiction, or of whose jurisdiction under this Act 
the 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, boys, who have not completed 
the age of sixteen years, and, in the case of daughters of Native fathers, girls who have not completed 
the age of thirteen years; In other cases it means unmarried children who have not completed the age 
of eighteen years;

(8)  “marriage  with  another  woman”  means  marriage  of  any  person,  being  married,  to  any  other 
person,  during  the  life  of  the  former  wife,  whether  the  second  marriage  shall  have  taken  place 
within 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 in 
remainder  or  reversion  or  as  a  trustee,  executrix  or  administratrix;  and  the  date  of  the  death  of  the 
testator  or  intestate  shall  be  deemed  to  be  the  time  at  which  any  such  wife  becomes  entitled  as 
executrix or administratrix.

###II.—JURISDICTION 

4. **Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception.**—The 
jurisdiction now exercised by the High Courts in respect of divorce a *mensa et toro*, and in all other 
causes,  suits  and  matters  matrimonial,  shall  be  exercised  by  such  courts  and  by  the  District  Courts 
subject  to  the  provisions  in  this  Act  contained,  and  not  otherwise;  except  so  far  as  relates  to  the 
granting of marriage-licenses, which may be granted as if this Act had not been passed. 

5. **Enforcement of decrees or orders made heretofore by Supreme or High Court.**—Any 
decree or order of the late Supreme Court of Judicature at Calcutta, Madras or Bombay sitting on the 
ecclesiastical  side,  or  of  any  of  the  said  High  Courts  sitting  in  the  exercise  of  their  matrimonial 
jurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by the 
said High Courts, respectively, as hereinafter mentioned, in like manner as if such decree or order had 
been originally made under this Act by the Court so enforcing or dealing with the same. 

6. **Pending suits.**—All suits and proceedings in causes and matters matrimonial, which when this 
Act  comes  into  operation  are  pending  in  any  High  Court,  shall  be  dealt  with  and  decided  by  such 
court, so far as may be, as if they had been originally instituted therein under this Act.

7. [*Court  to  act  on  principles  of  English  Divorce  Court].—[Omitted  by  the  IndianDivorce 
(Amendment) Act*,2001 (51 of 2001), s. 4 (w.e.f. 3-10-2001).] 

8. **Extraordinary jurisdiction of High Court.**—The  High  Court  may,  whenever  it  thinks  fit, 
remove  and  try  and  determine  as  a  Court  of  original  jurisdiction  any  suit  or  proceeding  instituted 
under this Act in the Court of any District Judge within the limits of its jurisdiction under this Act.

**Power to transfer suits.**—The High Court may also withdraw any such suit or proceeding, and 
transfer it for trial or disposal to the Court of any other such District Judge.

9. **Reference to High Court.**—When any question of law or usage having the force of law arises 
at any point in the proceedings previous to the hearing of any suit under this Act by a District Court or 
at any subsequent stage of such suit, or in the execution of the decree therein or order thereon,

the  Court  may,  either  of  its  own  motion  or  on  the  application  of  any  of  the  parties,  draw  up  a 
statement of the case and refer it, with the Court’s own opinion thereon, to the decision of the High 
Court. 

If the question has arisen  previous  to  or  in  the  hearing,  the  District  Court  may  either  stay  such 
proceedings, or proceed  in  the  case  pending  such  reference,  and  pass  a  decree  contingent  upon  the 
opinion of the High Court upon it. 

If a decree or order has been made, its execution shall be stayed until the receipt of the order of the 
High Court upon such reference. 

###III.—DISSOLUTION OF MARRIAGE 

10. **Grounds for dissolution of marriage.**—(1)  Any  marriage  solemnized,  whether  before  or 
after  the  commencement of  the  Indian  Divorce  (Amendment)  Act, 2001  (51  of  2001),  may,  on  a 
petition presented to the District Court either by the husband or the wife, be dissolved on the ground 
that since the solemnization of the marriage, the respondent— 

(i) has committed adultery; or 

(ii) has ceased to be Christian by conversion to another religion; or 

(iii) has been incurably of unsound mind for a continuous period of not less than two years 
immediately preceding the presentation of the petition; or 

(v) has, for a period of not less than two years immediately preceding the presentation of the 
petition, been suffering from venereal disease in a communicable form; or 

(vi) has not been heard of as being alive for a period of seven years or more by those persons 
who would naturally have heard of the respondent if the respondent had been alive; or 

(vii) has wilfully refused to consummate the marriage and the marriage has not therefore been 
consummated; or 

(viii) has  failed  to  comply  with  a decree  for restitution  of  conjugal  rights for  a period  of two 
years or upwards after the passing of the decree against the respondent; or 

(ix) has deserted the petitioner for at least two years immediately preceding the presentation of 
the petition; or 

(x)  has  treated  the  petitioner  with  such  cruelty  as  to  cause  a  reasonable  apprehension  in  the 
mind  of  the  petitioner  that  it  would  be  harmful  or  injurious  for  the  petitioner  to  live  with  the 
respondent.
 
(2) A wife may also present a petition for the dissolution of her marriage on the ground that the 
husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.] 

10A. **Dissolution of marriage by mutual consent.**—(1)  Subject  to  the  provisions  of  this  Act 
and the rules made thereunder, a petition for dissolution of marriage may be presented to the District 
Court  by  both  the  parties  to  a  marriage  together,  whether  such  marriage  was  solemnized  before  or 
after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), on the ground 
that they have been living separately for a period of two years or more, that they have not been able to 
live together and they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of presentation 
of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if 
the petition is not withdrawn by both the parties in the mean time, the Court shall, on being satisfied, 
after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized 
and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved 
with effect from the date of decree.

11. **Adulterer or adulteress to be co-respondent.**—On  a  petition  for  dissolution  of  marriage 
presented  by  a  husband  or  wife  on  the  ground  of  adultery,  the  petitioner  shall  make  the  alleged 
adulterer or adulteress a co-respondent, unless the petitioner is excused by the Court from so doing on 
any of the following grounds, namely:— 

(a) that the wife, being the respondent is leading the life of a  prostitute or the husband, being 
respondent is leading an immoral life and that the petitioner knows of no person with whom the 
adultery has been committed; 

 (b) that the name of the alleged adulterer or adulteress is unknown to the petitioner although 
the petitioner has made due efforts to discover it; 

 (c) that the alleged adulterer or adulteress is dead.

12. **Court to be satisfied of absence of collusion.**—Upon any such petition for the dissolution of 
a marriage, the Court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, 
but also whether or not the petitioner has been in any manner accessory to, or conniving at, the going 
through of the said form of marriage, or the adultery, or has condoned the same, and shall also enquire 
into any countercharge which may be made against the petitioner. 

13. **Dismissal of petition.**—In case the Court, on the evidence in relation to any such petition, is 
satisfied that the petitioner’s case has not been proved, or is not satisfied that the alleged adultery has 
been committed, 

or finds that the petitioner has, during the marriage, been accessory to, or conniving at, the going 
through  of  the  said  form  of  marriage,  or  the  adultery  of  the  other  party  to  the  marriage,  or  has 
condoned the adultery complained of, 

or that the petition is presented or prosecuted in collusion with either of the respondents, 

then and in any of the said cases the Court shall dismiss the petition.

14. **Power to court to pronounce decree for dissolving marriage.**—In case the Court is satisfied 
on the evidence that the case of the petitioner has been proved, 

and  does  not  find  that  the  petitioner  has  been  in  any  manner  accessory  to,  or  conniving  at,  the 
going through of the said form of marriage, or the adultery of the other party to the marriage, or has 
condoned the adultery complained of, 

or that the petition is presented or prosecuted in collusion with either of the respondents, 

the Court shall pronounce a decree declaring such marriage to be dissolved:

Provided that the Court shall not be bound to pronounce such decree if it finds that the petitioner 
has, during the marriage, been guilty of adultery, 

or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in presenting 
or prosecuting such petition,   

or of cruelty towards the other party to the marriage, 

or  of  having  deserted  or  wilfully  separated  himself  or  herself  from  the  other  party  before  the 
adultery complained of, and without reasonable excuse, 

or  of  such  wilful  neglect  or  misconduct  of  or  towards  the  other  party  as  has  conduced  to  the 
adultery. 

**Condonation**. No adultery shall be deemed to have been condoned within the meaning of this Act 
unless where conjugal cohabitation has been resumed or continued. 

15. **Relief in case of opposition on certain grounds.**—In  any  suit  instituted  for  dissolution  of 
marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted by 
a husband, of his adultery, cruelty, or desertion or, in case of such a suit instituted by a wife, on 
the  ground of her adultery or cruelty or desertion,  the  Court  may  in  such  suit  give  to  the 
respondent, on his or her application, the same relief to which he or she would have been entitled in 
case he or she had presented a petition seeking such relief, and the respondent shall be competent to 
give evidence of or relating to such adultery, cruelty or desertion.

16. **Decrees for dissolution to be nisi.**—Every decree for dissolution of marriage made by a High 
Court shall in the first instance, be a decree *nisi*, not to be made absolute till after the expiration 
of such time, not less than six months from the pronouncing thereof, as the High Court, by general or 
special order from time to time, directs. 

**Collusion**. During that period any person shall be at liberty, in such manner as the High Court by 
general or special order from time to time directs, to show cause why the said decree should not be 
made absolute by reason of the same having been obtained by collusion or by reason of material facts 
not being brought before the Court.

On cause being so shown, the Court shall deal with the case by making the decree absolute, or by 
reversing the decree *nisi*, or by requiring further inquiry, or otherwise as justice may demand.

The High Court may order the cost of Counsel and witnesses and otherwise arising from such 
cause being shown, to be paid by the parties or such one or more of them as it thinks fit, including a 
wife if she have separate property.

Whenever a decree *nisi* has been made, and the petitioner fails, within a reasonable time, to move 
to have such decree made absolute, the High Court may dismiss the suit. 

17. **Power of High Court to remove certain suits.**—During the progress of the suit in the Court 
of  the  District  Judge,  any  person  suspecting  that  any  parties  to  the  suit  are  or  have  been  acting  in 
collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court 
by general or special order from time to time directs, to apply to the High Court to remove the suit 
under section 8, and the Court shall thereupon, if it thinks fit, remove such suit and try and determine 
the same as a Court of original jurisdiction, and the provisions contained in section 16 shall apply to 
every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged 
collusion as may be necessary, to enable him to make a decree in accordance with the justice of the 
case.

17A. [*Appointment  of  officer  to  exercise  duties  of  King’s  Proctor].—[Omitted  by  the  Indian*
Divorce (*Amendment) Act*, 2001 (51 of  2001), s. 13 (w.e.f. 3-10-2001).] 

###IV.—NULLITY OF MARRIAGE 

18. **Petition for decree of nullity.**—Any  husband  or  wife  may  present  a  petition  to  the  District 
Court, praying that his or her marriage may be declared null and void. 

19. **Grounds of decree.**—Such decree may be made on any of the following grounds: — 

(1) that the respondent was impotent at the time of the marriage and at the time of the 
institution of the suit; 

(2) that the parties are within the prohibited degree of consanguinity (whether natural or legal) 
or affinity; 

(3) that either party was a lunatic or idiot at the time of the marriage; 

(4) that the former husband or wife of either party was living at  the time of the marriage, and 
the marriage with such former husband or wife was then in force. 

Nothing  in  this  section  shall  affect  the jurisdiction of the District Court to  make  decrees  of 
nullity of marriage on the ground that the consent of either party was obtained by force or fraud. 

20. [*Confirmation of District Judge’s decree].—[Omitted by the Indian Divorce (Amendment)* Act, 
2001 (51 of 2001), s. 16 (w.e.f. 3-10-2001).] 

21. **Children of annulled marriage.**—Where a marriage is annulled on the ground that a former 
husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good 
faith  and  with  the  full  belief  of  the  parties  that  the  former  husband  or  wife  was  dead,  or  when  a 
marriage is annulled on the ground of insanity, children begotten before the decree is made shall be 
specified in the decree, and shall be entitled to succeed, in the same manner as legitimate children, to 
the estate of the parent who at the time of the marriage was competent to contract. 

###V. —JUDICIAL SEPARATION 

22. **Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband 
or wife.**—No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife 
may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion for 
two years or upwards, and such decree shall have the effect of a divorce a  mensa et toro under the 
existing law, and such other legal effect as here in after mentioned. 

23. **Application for separation made by petition.**—Application  for  judicial  separation  on  any 
one of the grounds aforesaid, may be made by either husband or wife by petition to the District Court, 
and the Court, on being satisfied of the truth of the statements made in such petition,  and that 
there is  no  legal  ground  why  the  application  should  not  be  granted,  may  decree  judicial  separation 
accordingly. 

24. **Separated wife deemed spinster with respect to after-acquired property.**—In every case of 
a judicial  separation  under  this  Act,  the  wife  shall  from  the  date  of  the  sentence,  and  whilst  the 
separation continues, be considered as unmarried with respect to property of every description which 
she may acquire, or which may come to or devolve upon her. 

Such property may be disposed of by her in all respects as an unmarried woman, and on her 
decease the same shall, in case she dies intestate, go as the same would have gone if her husband had 
been then dead: 

Provided that, if any such wife again cohabits with her husband, all such property as she may be 
entitled to when such cohabitation takes place shall be held to her separate use, subject, however, to 
any agreement in writing made between herself and her husband whilst separate.

25. **Separated wife deemed spinster for purposes of contract and suing.**—In every case of a 
judicial separation under this Act, the wife shall, whilst so separated, be considered as an unmarried 
woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil 
proceedings; and her husband shall not be liable in respect of any contact, act or costs entered into, 
done, omitted or incurred by her during the separation: 

Provided that where, upon any such judicial separation, alimony has been decreed or ordered to be 
paid  to  the  wife,  and  the  same  is  not  duly  paid  by  the  husband,  he  shall  be  liable  for  necessaries 
supplied for her use: 

Provided also that nothing shall prevent the wife from joining, at any time during such separation, 
in the exercise of any joint power given to herself and her husband. 

*Reversal of Decree of Separation*

26. **Decree  of  Separation  obtained  during  absence  of  husband  or  wife  may  be                       
reversed.**—Any husband or wife, upon the application of whose wife or husband, as the case may be, 
a decree of judicial separation has been pronounced, may, at any time thereafter, present a petition to 
the Court by which the decree was pronounced, praying for a reversal of such decree, on the ground 
that  it  was  obtained  in  his  or  her  absence,  and  that  there  was  reasonable  excuse  for  the  alleged 
desertion, where desertion was the ground of such decree. 

The Court may, on being satisfied of the truth of the allegations of such petition reverse the decree 
accordingly;  but  such  reversal  shall  not  prejudice  or  affect  the  rights  or  remedies  which  any  other 
person would have had, in case it had not been decreed, in respect of any debts, contracts, or acts of 
the  wife  incurred,  entered  into,  or  done  between  the  times  of  the  sentence  of  separation  and  of  the 
reversal thereof. 

###VI.—PROTECTION-ORDERS 

27. **Deserted wife may apply to court for protection.**—Any  wife  to  whom  section  4  of  the 
Indian Succession Act, 1865  (10  of  1865) does  not  apply,  may,  when  deserted  by  her  husband, 
present a petition to the District Court, at any time after such desertion, for an order to protect 
any property which she may have acquired or may acquire, and any property of which she may have 
become possessed or may become possessed after such desertion, against her husband or his creditors, 
or any person claiming under him.

28. **Court may grant protection-order.**—The Court, if satisfied of the fact of such desertion, and 
that  the  same  was  without  reasonable  excuse,  and  that  the  wife  is  maintaining  herself  by  her  own 
industry  or  property,  may  make  and  give  to  the  wife  an  order  protecting  her  earnings  and  other 
property from her husband and all creditors and persons claiming under him. Every such order shall 
state the  time  at  which the  desertion  commenced,  and  shall,  as  regards  all  persons  dealing  with  the 
wife in reliance thereon, be conclusive as to such time. 

29. **Discharge or variation of orders.**—The husband or any creditor of, or person claiming under 
him, may apply to the Court by which such order was made for the discharge or variation thereof, and 
the Court, if the desertion has ceased, or if for any other reason it thinks fit so to do, may discharge or 
vary the order accordingly.

30. **Liability of husband seizing wife’s property after notice of order.**—If the husband, or any 
creditor  of,  or  person  claiming  under,  the  husband,  seizes  or  continues  to  hold  any  property  of  the 
wife  after  notice  of  any  such  order,  he  shall  be  liable,  at  the  suit  of  the  wife  (which  she  is  hereby 
empowered to bring), to return or deliver to her the specific property, and also to pay her a sum equal 
to double its value.

31. **Wife’s legal position during continuance of order.**—So long as any such order of protection 
remains in force the wife shall be and be deemed to have been, during such desertion of her, in the 
like position in all respects, with regard to property and contracts and suing and being sued, as she 
would be under this Act if she obtained a decree of judicial separation. 

###VII.— RESTITUTION OF CONJUGAL RIGHTS 

32. **Petition for restitution of conjugal rights.**—When  either  the  husband  or  the  wife  has, 
without  reasonable  excuse,  withdrawn  from  the  society  of  the  other,  either  wife,  or  husband  may 
apply, by petition to the District Court for restitution of conjugal rights, and the Court, on being 
satisfied of the truth of the statements made in such petition, and that there is no legal ground why the 
application should not be granted, may decree restitution of conjugal rights accordingly. 

33. **Answer to petition.**—Nothing  shall  be  pleaded  in  answer  to  a  petition  for  restitution  of 
conjugal rights, which would not be ground for a suit for judicial separation or for a decree of nullity 
of marriage.

###VIII.—DAMAGES AND COSTS 

34. *[Husband  may  claim  damages from  adulterer].—[Omitted by the Indian Divorce*
(Amendment) Act, 2001 (51 of 2001), s. 19 (w.e.f. 3-10-2001)]. 

35. *[Power to order adulterer to pay costs].—[Omitted by s. 20, ibid. (w.e.f.* 3-10-2001)].

###IX.—ALIMONY 

36. **Alimony pendente lite.**—In any suit under this Act, whether it be instituted by a husband or a 
wife, and whether or not she has obtained an order of protection the wife may present a petition for 
expenses of the proceedings and alimony pending the suit.

Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the 
statements therein contained, may  make such order on the husband for payment to the wife of the 
expenses of the proceedings and alimony pending the suit alimony pending the suit as it may deem 
just:

Provided further that the petition for the expenses of the proceedings and alimony pending the 
suit,  shall,  as  far  as  possible,  be  disposed  of  within  sixty  days  of  service  of  such  petition  on  the 
husband.

37. **Power to order permanent alimony.**—Where a decree of dissolution of the marriage or a 
decree  of judicial  separation  is  obtained  by  the  wife, the  District  Court  may  order  that  the  husband 
shall to the satisfaction of the court, secure to the wife such gross sum of money, or such annual sum 
of  money  for  any  term  not  exceeding  her  own life,  as,  having  regard  to  her fortune (if  any),  to the 
ability of the husband, and to the conduct of the parties, it thinks reasonable; and for that purpose may 
cause a proper instrument to be executed by all necessary parties. 

**Power to order monthly or weekly payments.**—In every such case the Court may make an order 
on  the  husband  for  payment  to  the  wife  of  such  monthly  or  weekly  sums  for  her  maintenance  and 
support as the Court may think reasonable: 

Provided that if the husband afterwards from any cause becomes unable to make such payments, it 
shall be lawful for the Court to discharge or modify the order, or temporarily to suspend the same as 
to the whole or any part of the money so ordered to be paid, and again to revive the same order wholly 
or in part as to the court seems fit. 

38. **Court may direct payment of alimony to wife or to her trustee.**—In all cases in which the 
Court  makes  any  decree  or  order  for  alimony,  it  may  direct  the  same  to  be  paid  either  to  the  wife 
herself,  or  to  any  trustee  on  her  behalf  to  be  approved  by  the  court,  and  may  impose  any  terms  or 
restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it 
appears to the Court expedient so to do. 

###X.—SETTLEMENTS 

39. *[Power to order settlement of wife’s property for benefit of husband and children].—[Omitted 
by the Indian Divorce (Amendment)* Act, 2001 (51 of 2001),  s. 23 (w.e.f. 3-10-2001)]. 

40. **Inquiry into existence of ante-nuptial or post-nuptial settlements.**—The District Court 
may, before passing a decree for dissolution of the marriage or a decree of nullity of marriage, inquire 
into]the  existence  of  ante-nuptial  or post-nuptial  settlements  made  on  the  parties  whose  marriage  is 
the subject of the decree, and may make such orders, with reference to the application of the whole or 
a portion of the property settled, whether for the benefit of the husband or the wife, or of the children 
(if any) of the marriage, or of both children and parents, as to the Court seems fit: 

Provided that the Court shall not make any order for the benefit of the parents or either of them at 
the expense of the children. 

###XI.—CUSTODY OF CHILDREN 

41. **Power to make orders as to custody of children in suit for separation.**—In any suit for 
obtaining a judicial separation the Court may from time to time, before making its decree, make such 
interim  orders,  and  may  make  such  provision  in  the  decree,  as  it  deems  proper  with  respect  to  the 
custody,  maintenance  and  education  of  the  minor  children,  the  marriage  of  whose  parents  is  the 
subject of such suit, and may, if it thinks fit, direct proceedings to be taken for placing such children 
under the protection of the said Court: 

Provided that the application with respect to the maintenance and education of the minor children 
pending the suit, shall, as far as possible, be disposed of within sixty days from the date of service of 
notice on the respondent.

42. **Power to make such orders after decree.**—The court, after a decree of judicial separation, 
may  upon  application  (by  petition)  for  this  purpose  make,  from  time  to  time,  all  such  orders  and 
provisions, with respect to the custody, maintenance and education of the minor children, the marriage 
of whose parents is the subject of the decree, or for placing such children under the protection of the 
said court, as might have been made by such decree or by interim orders in case the proceedings for 
obtaining such decree were still pending.

43. **Power to make  orders  as  to  custody  of children  in  suits for  dissolution or  nullity.**—In 
any  suit  for  obtaining  a  dissolution  of  marriage  or  a  decree  of  nullity  of  marriage  instituted  in  a 
District Court, the Court may from time to time before making its decree, make such interim orders as 
it may deem proper with respect to the custody, maintenance and education of the minor children, the 
marriage of whose parents is the subject of the suit, 

and may, if it thinks fit, direct proceedings to be taken for placing such children under the protection 
of the court. 

44. **Power to make such orders after decree or confirmation.**—Where a decree of dissolution 
or nullity of marriage has been passed, the District Court may, upon application by petition for the 
purpose,  make  from  time  to  time  all  such  orders  and  provisions,  with  respect  to  the  custody, 
maintenance and education of the minor children, the marriage of whose parents was the subject of 
the  decree,  or  for  placing  such  children  under  the  protection  of  the  said  court,  as  might  have  
been  made  by  such  decree  absolute  or  decree  (as  the  case  may  be),  or  by  such  interim orders  as 
aforesaid. 

###XII.—PROCEDURE 

45. **Code of Civil Procedure to apply.**—Subject  to  the  provisions  herein  contained,  all 
proceedings under this Act between party and party shall be regulated by the Code  of  Civil 
Procedure, 1908 (5 of 1908).

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

47. **Petition to state absence of collusion.**—Every  petition  under  this  Act  for  a  decree  of 
dissolution  of  marriage,  or  of  nullity  of  marriage,  or of judicial  separation shall state that 
there is not any collusion or connivance between the petitioner and the other party to the marriage. 

**Statements to be verified.**—The  statements  contained  in  every  petition  under  this  Act  shall  be 
verified  by  the  petitioner  or  some  other  competent  person  in  manner  required  by  law  for  the 
verification of plaints, and may at the hearing be referred to as evidence. 

48. **Suits on behalf of lunatics.**—When the husband or wife is a lunatic or idiot, any suit under 
this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by the 
committee or other person entitled to his or her custody. 

49. **Suits by minors.**—Where the petitioner is a minor, he or she shall sue by his or her next friend 
to be approved by the Court; and no petition presented by a minor under this Act shall be filed until 
the next friend has undertaken in writing to be answerable for costs. 

Such undertaking shall be filed in Court, and the next friend shall thereupon be liable in the same 
manner and to the same extent as if he were a plaintiff in an ordinary suit.

50. **Service of petition.**—Every petition under this Act shall be served on the party to be affected 
thereby, either within or without India, in  such  manner  as  the  High  Court  by  general  or  special 
order from time to time directs.

Provided  that  the  court  may  dispense  with  such  service  altogether  in  case  it  seems  necessary  or 
expedient so to do. 

51. **Mode of taking evidence.**—The  witnesses  in  all  proceedings  before  the  court,  where  their 
attendance  can  be  had,  shall  be  examined  orally,  and  any  party  may  offer  himself  or  herself  as  a 
witness, and shall be examined, and may be cross-examined and re-examined, like any other witness: 

Provided that the parties shall be at liberty to verify their respective cases in whole or in part by 
affidavit,  but  so  that  the  deponent  in  every  such  affidavit  shall,  on  the  application  of  the  opposite 
party, or by direction of the Court, be subject to be cross-examined by or on behalf of the opposite 
party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf 
of the party by whom such affidavit was filed. 

52. **Competence of husband and wife to give evidence as to cruelty or desertion.**—On  any 
petition  presented, by  a  husband  or  a  wife,  praying  that  his  or  her  marriage  may  be  dissolved  by 
reason  of  his  wife  or  her  husband,  as  the  case  may  be,  having  been  guilty  of  adultery,  cruelty  or 
desertion, the husband and wife respectively shall be competent and compellable to give evidence of 
or relating to such cruelty or desertion.

53. **Power to close doors.**—The whole or any part of any proceeding under this Act may be heard, 
if the Court thinks fit, with closed doors.

54. **Power to adjourn.**—The Court may, from time to time, adjourn the hearing of any petition 
under this Act, and may require further evidence thereon if it sees fit so to do.

55. **Enforcement of, and appeal from, orders and decree.**—All decrees and orders made by the 
Court in any suit or proceedings under this Act shall be enforced and may be appealed from, in the 
like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction 
are enforced and may be appealed from, under the laws, rules and orders for the time being in force: 

**No appeal as to costs.** — Provided that there shall be no appeal on the subject of costs only.

56. **Appeal to the Supreme Court.**—Any person may appeal to the Supreme Court from any 
decree (other than a decree nisi) or order under this Act of a High Court made on appeal or otherwise, 
and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by 
Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court, 
when the High Court declares that the case is a fit one for appeal to the Supreme Court.

###XIII.—RE-MARRIAGE. 

57. **Liberty to parties to marry again.**—Where a decree for dissolution or nullity of marriage 
has been passed and either the time for appeal has expired without an appeal having been presented to 
any court including the Supreme Court or an appeal has been presented but has been dismissed and 
the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry 
again.

58. **English  clergyman  not  compelled  to  solemnize  marriages  of  persons  divorced  for 
adultery.**—No clergyman in Holy Orders of the Church of England shall be compelled to 
solemnize the marriage of any person whose former marriage has been dissolved on the ground of his 
or  her  adultery,  or  shall  be  liable  to  any  suit,  penalty  or  censure  for  solemnizing  or  refusing  to 
solemnize the marriage of any such person.

59. **English Minister refusing to perform ceremony to permit use of his Church.** — When any 
Minister of any Church or Chapel of the said Church refuses to perform such marriage-service 
between any persons who but for such refusal would be entitled to have the same service performed in 
such  Church  or  Chapel,  such  Minister  shall  permit  any  other  Minister  in  Holy  Orders  of  the  said 
Church, entitled to officiate within the diocese in which such Church or Chapel is situate, to perform 
such marriage-service in such Church or Chapel. 

###XIV.—MISCLLANEOUS 

60. **Decree  for  separation  or  protection-order  valid  as  to  persons  dealing  with  wife  before 
reversal.**  — Every  decree  for  judicial  separation  or  order  to  protect  property,  obtained  by  a  wife 
under  this  Act  shall,  until  reversed  or  discharged,  be  deemed  valid,  so  far  as  necessary,  for  the 
protection of any person dealing with the wife. 

No  reversal,  discharge  or  variation  of  such  decree  or  order  shall  affect  any  rights  or  remedies 
which any person would otherwise have had in respect of any contracts or acts of the wife entered into 
or done between the dates of such decree or order, and of the reversal, discharge or variation thereof. 

**Indemnity  of  persons  making  payment  to  wife  without  notice  of  reversal  of  decree  or 
protection order.** — All persons who in reliance on any such decree or order make any payment to, 
or  permit  any  transfer  or  act  to  be  made  or  done  by,  the  wife  who  has  obtained  the  same  shall, 
notwithstanding  such  decree  or  order  may  then  have  been  reversed,  discharged  or  varied,  or  the 
separation of the wife from her husband may have  ceased, or at some time since the making of the  
decree or order been discontinued, be protected and indemnified as if, at the time of such payment, 
transfer  or  other  act,  such  decree  or  order  were  valid  and  still  subsisting  without  variation,  and  the 
separation had not ceased or been discontinued, 

unless, at the  time of  the  payment, transfer or other act, such persons had notice of the reversal, 
discharge or variation of the decree or order or of the cessation or discontinuance of the separation. 

61. **Bar of suit for criminal conversation.**— After  this  Act  comes  into  operation,  no  person 
competent to present a petition under sections 2 and 10 shall maintain a suit for criminal conversation 
with his wife. 

62. **Power to make rules.**— The High Court shall make such rules under this Act as it may from 
time to time consider expedient, and may from time to time alter and add to the same: 

Provided that such rules, alterations and additions are consistent with the provisions of this Act and 
the Code of Civil Procedure, 1908 (5 of 1908).

All such rules, alteration and additions shall be published in the Official Gazette.
 
 
                                                      
##THE SCHEDULE 
______________ 

###SCHEDULE OF FORMS 

No. 1. —PETITION *by husband for a dissolution of marriage with damages against co-respondent, by 
reason of adultery.*

(See sections 10 and 34). 

In the (High) Court of  
To the Hon’ble Mr. Justice                   [or To the Judge of                         ]
                                                          The         day of             186

The petition of A.B., of 

SHEWETH, 

1. That your petitioner was on the           day of             ,  one  thousand  eight  hundred 
and                     , lawfully married to C.B., then C.D., spinster at                (a) 

2. That from his said married, your petitioner lived and cohabited with his said wife at                
and at 
, in 


your 
petitioner  and  his  said  wife  have  had  issue  of  their  said  marriage,  five  children,  of  whom  two  sons 
only survive, aged respectively twelve and fourteen years. 

, and lastly at 

       , 

that 

and 

, in 

3. That during the three years immediately preceding the 

 day of   

one thousand eight hundred and                                ,  X.Y.  was  constantly  with  a  few  exceptions, 
residing in the house of your petitioner at 
aforesaid,  and  that  on  diverse  occasions 
during  the  said  period,  the  dates  of  which  are  unknown  to  your  petitioner,  the  said  C.B.  in  your 
petitioner’s said house committed adultery with the said X.Y. 

4.  That  no  collusion  or  connivance  exists  between  me  and  my  said  wife  for  the  purpose  of 

obtaining a dissolution of our said marriage or for any other purpose. 

Your  petitioner,  therefore,  prays  that  this  (Hon’ble)  Court  will  decree  a  dissolution  of  the  said 
marriage, and that the said  X.Y. do pay the sum of rupees 5,000 as damages by  reason of his 
having  committed  adultery  with  your  petitioner’s  said  wife,  such  damages  to  be  paid to  your 
petitioner, or otherwise paid or applied as to this (Hon’ble) Court seems fit. 

Form of Verification 

(Signed) A. B. (a) 

I, A.B., the petitioner named in the above petition, do declare that what is stated therein is true to 

the best of my information and belief. 

_________ 

In the court of    

No. 2.—Respondent’s statement in answer to No. 1 
the 

day of   

, 

Between A.B., petitioner, 

C.B., respondent, and 

    X.Y., co-respondent. 

C.B., the respondent, by D.E. her attorney (or vakil), in answer to the petition of A.B. says that she 
denies that she has on diverse or any occasions committed adultery with X.Y., as alleged in the third 
paragraph of the said petition. 

Wherefore the respondent prays that this (Hon’ble) Court will reject the said petition. 

______________________________________________________________________________ 
(a) If the marriage was solemnized out of India, the adultery must be shown to have been committed in 

(Signed) C.B. 

India. 

(b) The petition must be signed by the petitioner. 

17 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. 3.—Co-respondent’s statement in answer to No. 1 

In the (High) Court of 
The   

day of    

Between A.B., petitioner, 
C.B., respondent, and 
X.Y., co-respondent. 
X.Y., the  co-respondent,  in  answer  to  the  petition  filed  in  this  cause,  saith  that he  denies  that  he 

committed adultery with the said C.B., as alleged in the said petition. 

Wherefore the said X.Y., prays that this (Hon’ble) Court will reject the prayer of the said petitioner 

and order him to pay the costs of and incident to the said petition. 

_____ 

(Signed) X.Y. 

No. 4.—PETTION for Decree of Nullity of Marriage 
(See section 18) 

In the (High) Court of  
To the Hon’ble Mr. Justice 

Judge of  

SHEWETH, 

[or To the  

]. 

The 
The Petition of A.B, falsely called A.D., 

day of   

, 186  . 

    day of 

1. That on the  
eight hundred and  
                                                                                     ,  your  petitioner,  then  a 
spinster,  eighteen  years  of  age,  was  married  in  fact,  though  not  in  law,  to  C.D.,  then  a  bachelor  of 
about thirty years of age, at [some place in India]. 
 day of   
, until the month of  

                                                 , one thousand 
           , your petitioner lived 

eight hundred and 
and cohabited with the said C.D., at diverse places, and particularly at aforesaid. 

2. That from the said  

                       , one thousand                             

3. That the said C.D. has never consummated the said pretended marriage by carnal copulation. 
4. That at the time of the celebration of your petitioner’s pretended marriage, the said C.D. was, by 

reason of the impotency or malformation, legally incompetent to enter into the contract of marriage. 

5.  That  there  is  no  collusion  or  connivance  between  her  and  the  said  C.D.  with  respect  to  the 

subject of this suit. 

Your petitioner therefore prays that this (Hon’ble) Court will declare that the said marriage is null 

and void. 

(Signed) A.B. 

Form of Verification: See No. 1 
__________ 
No. 5.—PETITION by wife for judicial separation on the ground of her husband’s adultery 
(See section 22) 

In the (High) Court of    

To the Hon’ble Mr. Justice 
 [or 

To the Judge of  

]. 

The  

day of   

, 

186.

The petition of C.B., of   

the wife of A.B. 

SHEWETH, 

1. That on the 
hundred and sixty  
married to A.B., at the Church of  

day of   

, 

eight 
one 
your  petitioner,  then  C.D.,  was  lawfully 
in the  

thousand 

, 

18 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
2. That after her said marriage, your petitioner cohabited with the said A.B. at   

and 

that your petitioner and her said husband have issue living of their said marriage, three children, to 
wit, etc., etc., (a). 

3.  That  on  diverse  occasions  in  or  about  the  months  of  August,  September  and  October,  one 

thousand eight hundred and sixty 
aforesaid, committed adultery with E.F., who was then living in the service of the said A.B., and your 
petitioner at their said residence  

the, said A.B., at  

aforesaid. 

4.  That  on  diverse  occasions  in  the  months  ofOctober,  Novemberand  December,  one  thousand 

eight hundred and sixty   

the said A.B.,at 

service of the said A.B. and your petitioner at their said residence  

aforesaid. 

5. That no collusion or connivance exists between your petitioner and the said A.B., with respect to 

aforesaid, committed adultery with G.H., who was then living in the 

the subject of the present suit. 

Your petitioner, therefore, prays that this (Hon’ble) Court will decree a judicial separation to your 

petitioner from her said husband by reason of his aforesaid adultery. 

(Signed) C.B. (b) 

Form of Verification : See No. 1 
________ 
No. 6.—Statement in answer to No. 5 

In the (High) Court of  

B. against B. 

The 

 day of 

The respondent, A.B. by W.Y., his attorney [or vakil] saith, — 

1.  That  he  denies  that  he  committed  adultery  with  E.F.  as  in  the  third  paragraph  of  the  petition 

alleged. 

2. That the petitioner condoned the said adultery with E.F., if any. 
3. That he denies that he committed adultery with G.H., as in the fourth paragraph of the petition 

alleged. 

4. That the petitioner condoned the said adultery with G.H., if any. 
Wherefore this respondent prays that this (Hon’ble) Court will reject the prayer of the said petition. 
(Signed) A.B. 

_________ 
No. 7.—Statement in reply to No. 6 

In the (High) Court of  

The   

 day of   
The petitioner, C.B., by her attorney [or vakil], says — 

B. against B. 

1. That she denies that she condoned the said adultery of the respondent with E.F. as in the second 

paragraph of the statement in answer alleged. 

2. That even if she had condoned the said adultery, the same has been revived by the subsequent 

adultery of the respondent with G.H., as set forth in the fourth paragraph of the petition. 

(Signed) C.B 

__________ 
________________________________________________________________________________ 

(a) State the respective ages of the children. 
(b) The petition must be signed by the petitioner.

19 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. 8 —PETITION for a judicial separation by reason of cruelty 
(See section 22) 

In the (High) Court of 
To the Hon’ble Mr. Justice 

      The petition of A.B. (wife of C.B.) of 
SHEWETH, 

1. That on the 

day of 

The  

[or To the Judge of 
day of 

]. 
186 

  , one thousand eight hundred and  

, 

your petitioner, then A.D., spinster, was lawfully married to C.B., at  

2.  That  from  her  said  marriage,  your  petitioner  lived  and  cohabited  with  her  said  husband                          

until the  

day of 
, one thousand                       eight 
at  
hundred and  
,  when  your  petitioner  separated  from  her  said  husband  as 
hereinafter more particularly mentioned, and that your petitioner and her said husband have had no issue of 
their said marriage. 

3.  That  from  and  shortly  after  your  petitioner’s  said  marriage,  the  said  C.B.  habitually  conducted 
himself towards your petitioner with great harshness and cruelty, frequently abusing her in the coarsest and 
most insulting language, and beating her with his fists, with a cane, or with some other weapon. 

4. That on an evening in or about the month of   

and  
in which your petitioner and the said C.B. were then residing at  
endeavoured to knock your petitioner down, and was only prevented from so doing by the interference of 
F.D., your petitioner’s brother. 

 aforesaid, 

one  thousand  eight  hundred 
 , the said C.B.in the highway and opposite to the house 

5. That subsequently on the same evening, the said C.B. in his said house at 

aforesaid, 

struck your petitioner with his clenched fists a violent blow on her face. 

6. That on one Friday night in the month of 

             one 

thousand eight hundred and  
without provocation, threw a knife at your petitioner, thereby inflicting a severe wound on her right hand. 

, the said C.B., in 

7. That on the afternoon of the  

day of 

one 

thousand eight hundred and  
     , your petitioner, by reason of the great and 
continued cruelty practised towards her by her said husband, with assistance withdrew from the house of 
 that  from  and  after  the  said
her said husband to the house of her father at 
            ,  one  thousand  eight 
 your  petitioner  hath  lived  separate  and  apart  from  her  said 

hundred and  
husband, and hath never returned to his house or to cohabitation with him. 

 day of   

8. That there is no collusion or connivance between your petitioner and her said husband with respect to 

the subject of the present suit. 

Your  petitioner,  therefore,  prays  that  this  (Hon’ble)  Court  will  decree  a  judicial  separation  between 
your petitioner and the said C.B., and also order that the said C.B., do pay the costs of and incident 
to these proceedings. 

(Signed) A.B. 

Form of Verification : See No. 1 
______ 
No. 9.—Statement in answer to No. 8 

In the (High) Court of 

C.B., the respondent, in answer to the petition filed in this cause by W.J. his attorney [or vakil] saith 

that he denies that he has been guilty of cruelty towards the said A.B., as alleged in the said petition. 

The  

       day of  

Between A.B., petitioner, and  
C.B., respondent 

(Signed) C.B. 

_______

20 

 
 
 
 
 
 
 
 
 
 
 
 
 
  
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. 10.—PETITION for reversal of decree of separation 
(See section 24) 

In the (High) Court of 
Hon’ble Mr. Justice 

]. 

The 
The petition of A.B., of  

day of   

To the 

 [or To the Judge of 

186

 day of   

SHEWETH, 

1. That your petitioner was on the 

lawfully married to 
2. That on the  

Court at the petition of   
effect following, to wit,— 

day of   

 this (Hon’ble) 

,  pronounced a decree affecting the petitioner to the 

3. That such decree was obtained in the absence of your petitioner, who was then residing at        
[State facts tending to show that the petitioner did not know of the proceedings; and further, that had 
he known he might have offered a sufficient defence.] 

[Here set out the decree] 

That there was reasonable ground for your petitioner leaving his said wife, for that his said wife 

[Here state any legal grounds justifying the petitioner’s separation from his wife.] 

Your petitioner, therefore, prays that this (Hon’ble) Court will reverse the said decree. 

or 

(Signed) A.B. 

Form of Verifications: See No. 1. 
________ 

No. 11.—PETITION for Protection-order 
(See section 27) 

In the (High) Court of 
Hon’ble Mr. Justice 

]. 

SHEWETH, 
That on the  
A.B., at  

To the 

 [or To the Judge of 

The  
day of   
The petition of C.B., of   
A.B. 

186  . 
the  wife  of 

day of    

 she was lawfully married to 

That she lived and cohabited with the said A.B. for  

years at  
had  
with the applicant, and wholly dependent upon her earnings. 

, and also at 
children, issue of her said marriage, of whom  are now living 

, and hath 

That on or about  

the said A.B., without any reasonable cause, 

deserted the applicant, and hath ever since remined separate and apart from her. 

That  since  the  desertion  of  her  said  husband,  the  applicant  hath  maintained  herself  by  her  own 
industry  [or  on  her  own  property,  as  the  case  may  be],  and  hath  thereby  and  otherwise  acquired 
certain property consisting of 

[here state generally the nature of the property]. 

Wherefore  she  prays  an  order  for  the  protection  of  her  earnings  and  property  acquired  since  the 
 from  the  said  A.B., 

day of,   

said,  
and from all creditors and persons claiming under him. 

(Signed) C.B. 

______

21 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
No. 12.—PETITION for Alimony pending the suit 
(See section 36) 

In the (High) Court of 

B. against B. 

To, the Hon’ble Mr. Justice    
]. 

The 

 day of   

[or To the Judge of 

186           . 
The petition of C.B., the lawful 
wife of A.B. 

SHEWETH, 
1. That the said A.B. has for some years carried on the business of 

,  at 
,  and  from  such  business  derives  the  net  annual  income  of 

from Rs. 4,000 to 5000. 

2. That the said A.B. is possessed of plate, furniture, linen and other effects at his said house,  

aforesaid, all of which he acquired in right of your petitioner as his wife, or 

purchased with money he acquired through her, of the value of Rs. 10,000. 

3. That the said A.B. is entitled, under the will of his father, subject to the life interest of his mother 

therein to property of the value of Rs. 5,000 or some other considerable amount (a). 

Your petitioner, therefore, prays that this (Hon’ble) Court will decree such sum or sums of money 

by way of alimony, pending the suit, as to this (Hon’ble) Court may seem meet. 

(Signed) C.B. 

Form of Verification : See No. 1 
________ 
No. 13.—Statement in answer to No. 12 

In the (High) Court of 

A.B., of  

B, against B. 

     , the above-named respondent, in 

answer to the petition for alimony, pending the suit, of C.B., says — 

1.  In  answer  to  the  first  paragraph  of  the  said  petition,  I  say  that  I  have  for  the  last  three  years 
and 

carried, on the business of 
that, from such business, I have derived a net annual income of Rs. 900, but less than Rs. 1,000. 

,  at 

2.  In  answer  to  the  second  paragraph  of  the  said  petition,  I  say  that  I  am  possessed  of  plate, 

furniture, linen and other chattels and effects at my said house 
aforesaid, of the value of Rs. 7,000, but as I verily believe of no larger value. And I say that a portion 
of the said plate, furniture and other chattels and effects of the value of Rs. 1,500 belonged to my said 
wife  before  our  marriage,  but  the  remaining  portions  thereof  I  have  since  purchased  with  my  own 
monies. And I say that, save as hereinbefore set forth, I am not possessed of the plate and other effects 
as alleged in the said paragraph in the said petition, and that I did not acquire the same as in the said 
petition also mentioned. 

3. I admit that I am entitled under the will of my father, subject to the life-interest of my mother 
therein, to property of the value of Rs. 5,000, that is to say, I shall be entitled under my said father’s 
will, upon the death of my mother, to a legacy of Rs. 7,000, out of which I shall, have to pay to my 
father's  executors  the  sum  of  Rs.  2,000  the  amount  of  a  debt  owing  by  me  to  his  estate,  and  upon 
which debt I am now paying interest at the rate of five per cent per annum. 

4.  And,  in  further  answer  to  the  said  petition,  I  say  that  I  have  no  income  whatever  except  that 
derived from my aforesaid business, that such income, since my said wife left me, which she did on 
considerably 
the 
diminished, and that such diminution is likely to continue. And I say that out of my said income,  I 
have to pay the annual sum of Rs. 100 for such interest as aforesaid to my late father's executors, and 
also to support myself and my two oldest children. 
________________________________________________________________________________ 
(a) The Petitioner should state her husband’s income as accurately as possible

day of   

 last, 

been 

has 

22 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 day of   

5. And, in further answer to the said petition, I say that, when my wife left, my dwelling-house on 
the 
last, 
she took with her, and has ever since withheld and still withholds from me, plate, watches and other 
effects  in  the  second  paragraph  of  this  my  answer  mentioned,  of  the  value  of,  as  I  verily  believe,                
Rs. 800 at the least; and I also say “that, within five days of her departure from my house as aforesaid, 
my  said  wife  received  bills  due  to  me  from  certain lodgers  of  mine,  amounting  in  the  aggregate  to            
Rs.  
same sum. 

and that she has ever since withheld and still withholds from me the 

_______ 

(Signed) A.B. 

No. 14.—UNDERTAKING by minor’s next friend to be answerable for respondent’s costs 

(See section 49) 

In the (High) Court of  
the undersigned A.B., of  
being the next friend of C.D. 
who is a minor, and who is desirous of filing a petition in this Court, under the Indian Divorce Act, 
against D.D. of   
 , hereby undertake to be responsible for the costs of 
the  said  D.D.  in  such  suit,  and  that,  if  the  said  C.D.  fail  to  pay  to  the  said  D.D.  when  and  in  such 
manner as the court shall order all such costs of such suit as the court shall direct him [or her] to pay 
to the said D.D., will forthwith pay the same to the proper officer of this court. 

I, 

Dated this. 

day of   

186     . 

(Signed) A.B. 

_______ 

23 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
