Divorce Act One Liner Notes

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THE DIVORCE ACT, 1869

PREAMBLE
What is the subject matter of the Divorce Act, 1869?	Amendment of the law relating to divorce and matrimonial causes.
When was the Divorce Act, 1869 enacted?	26th February, 1869.
What is the Act number of the Divorce Act, 1869?	Act No. 4 of 1869.
What is the object of the Divorce Act, 1869 as stated in the Preamble?	To amend the law relating to the divorce of persons professing the Christian religion.
What additional object is stated in the Preamble of the Divorce Act, 1869?	To confer upon certain Courts jurisdiction in matrimonial matters.
To whom does the object relating to divorce under the Preamble apply?	Persons professing the Christian religion.

CHAPTER 1
PRELIMINARY
What is the subject matter of Section 1?	Short title and commencement of the Act.
What is the short title of the Act?	The Divorce Act.
When did the Divorce Act come into operation?	On the first day of April, 1869.
What is the subject matter of Section 2?	Extent of the Act and extent of power to grant relief.
To what extent does the Divorce Act extend?	The whole of India.
When can a Court grant relief under the Divorce Act?	Only where the petitioner or respondent professes the Christian religion.
When can a Court make a decree of dissolution of marriage under the Divorce Act?	Only where the parties to the marriage are domiciled in India at the time the petition is presented.
When can a Court make a decree of nullity of marriage under the Divorce Act?	Only where the marriage has been solemnized in India and the petitioner is resident in India at the time of presenting the petition.
When can a Court grant relief under the Divorce Act other than a decree of dissolution of marriage or nullity of marriage?	Only where the petitioner resides in India at the time of presenting the petition.
What is the subject matter of Section 3?	Interpretation clause.
What does "High Court" mean in relation to a State?	The High Court for that State.
What does "High Court" mean in relation to Delhi?	The High Court of Delhi.
What does "High Court" mean in relation to Himachal Pradesh up to and including 30th April, 1967?	The High Court of Punjab and Haryana.
What does "High Court" mean in relation to Himachal Pradesh after 30th April, 1967?	The High Court of Delhi.
What does "High Court" mean in relation to Manipur and Tripura?	The High Court of Assam.
What does "High Court" mean in relation to the Andaman and Nicobar Islands?	The High Court at Calcutta.
What does "High Court" mean in relation to Lakshadweep?	The High Court of Kerala.
What does "High Court" mean in relation to Chandigarh?	The High Court of Punjab and Haryana.
Which High Court is the "High Court" for a petition under the Divorce Act?	The High Court for the area where the husband and wife reside or last resided together.
What does "District Judge" mean?	A Judge of a principal civil court of original jurisdiction however designated.
What does "District Court" mean for a petition under the Divorce Act?	The court of the District Judge within whose ordinary jurisdiction, or whose jurisdiction under the Act the marriage was solemnized, or where the husband and wife reside or last resided together.
What does "Court" mean under the Divorce Act?	The High Court or the District Court, as the case may be.
Who are "minor children" in the case of sons of Native fathers?	Boys who have not completed sixteen years of age.
Who are "minor children" in the case of daughters of Native fathers?	Girls who have not completed thirteen years of age.
Who are "minor children" in other cases?	Unmarried children who have not completed eighteen years of age.
What does "marriage with another woman" mean?	Marriage of a married person to any other person during the lifetime of the former wife, whether in India or elsewhere.
What does "desertion" imply?	An abandonment against the wish of the person charging it.
What does "property" include in the case of a wife?	Property to which she is entitled for an estate in remainder or reversion or as a trustee, executrix or administratrix.
When is a wife deemed to become entitled as executrix or administratrix for the purpose of the definition of "property"?	On the date of the death of the testator or intestate.

CHAPTER 2
JURISDICTION
What is the subject matter of Section 4?	Matrimonial jurisdiction of High Courts to be exercised subject to the Act and exception.
How shall the matrimonial jurisdiction presently exercised by the High Courts be exercised?	Subject to the provisions of this Act and not otherwise.
Which matrimonial matters are covered by the jurisdiction referred to in Section 4?	Divorce a mensa et toro and all other matrimonial causes, suits and matters.
Which courts shall exercise matrimonial jurisdiction subject to the Act?	The High Courts and the District Courts.
What is the exception to the application of Section 4?	The granting of marriage-licenses.
How may marriage-licenses be granted notwithstanding Section 4?	As if this Act had not been passed.
What is the subject matter of Section 5?	Enforcement of decrees or orders made heretofore by Supreme or High Court.
Which decrees or orders are covered under Section 5?	Decrees or orders of the late Supreme Court of Judicature at Calcutta, Madras or Bombay on the ecclesiastical side, or of the High Courts exercising matrimonial jurisdiction in matrimonial causes or matters.
Which courts may enforce and deal with such decrees or orders?	The respective High Courts.
How may the High Courts enforce or deal with such decrees or orders?	In the manner provided in this Act.
What is the legal effect of Section 5 regarding enforcement of earlier decrees or orders?	They shall be treated as if originally made under this Act by the High Court enforcing or dealing with them.
What is the subject matter of Section 6?	Pending suits.
Which suits and proceedings are covered under Section 6?	All suits and proceedings in causes and matters matrimonial pending in any High Court when the Act comes into operation.
How shall pending matrimonial suits and proceedings be dealt with under Section 6?	By the High Court.
How shall the High Court decide pending matrimonial suits and proceedings under Section 6?	So far as may be, as if they had been originally instituted under this Act.
What is the subject matter of Section 7?	Court to act on principles of English Divorce Court.
What is the status of Section 7?	Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001) with effect from 3-10-2001.
What is the subject matter of Section 8?	Extraordinary jurisdiction of High Court and power to transfer suits.
When may the High Court remove and try a suit or proceeding as a Court of original jurisdiction?	Whenever it thinks fit.
Which suits or proceedings may the High Court remove and try under Section 8?	Any suit or proceeding instituted under this Act in the Court of any District Judge within its jurisdiction under the Act.
What jurisdiction does the High Court exercise after removing a suit or proceeding under Section 8?	Original jurisdiction.
What power does the High Court have regarding transfer of suits under Section 8?	It may withdraw any such suit or proceeding and transfer it for trial or disposal to the Court of any other District Judge within its jurisdiction under the Act.
What is the subject matter of Section 9?	Reference to High Court.
When may a District Court make a reference to the High Court under Section 9?	When any question of law or usage having the force of law arises before the hearing, at any subsequent stage of the suit, or in the execution of the decree or order.
Can the District Court make a reference to the High Court on its own motion?	Yes.
Can a reference to the High Court be made on the application of a party?	Yes.
What must the District Court send while making a reference under Section 9?	A statement of the case together with its own opinion on the question.
If the reference is made before or during the hearing, what options are available to the District Court?	It may stay the proceedings or proceed with the case and pass a decree contingent upon the opinion of the High Court.
What is the effect of a reference on the execution of a decree or order already made?	Execution shall be stayed until the High Court's order on the reference is received.

CHAPTER 3
DISSOLUTION OF MARRIAGE
What is the subject matter of Section 10?	Grounds for dissolution of marriage.
To which marriages does Section 10 apply?	Marriages solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001.
Who may present a petition for dissolution of marriage under Section 10?	Either the husband or the wife.
To which Court shall a petition for dissolution of marriage be presented?	The District Court.
When must the ground for dissolution arise under Section 10?	Since the solemnization of the marriage.
On what ground may a marriage be dissolved if the respondent has committed adultery?	Adultery.
On what ground may a marriage be dissolved if the respondent has ceased to be Christian?	Conversion to another religion.
What period of unsoundness of mind is required as a ground for dissolution?	Incurable unsoundness of mind for a continuous period of not less than two years immediately preceding the presentation of the petition.
What period of venereal disease is required as a ground for dissolution?	Venereal disease in a communicable form for not less than two years immediately preceding the presentation of the petition.
When does the respondent's disappearance constitute a ground for dissolution?	When the respondent has not been heard of as being alive for seven years or more by persons who would naturally have heard if the respondent were alive.
When does refusal to consummate the marriage constitute a ground for dissolution?	When the respondent has wilfully refused to consummate the marriage and the marriage has not therefore been consummated.
When does non-compliance with a decree for restitution of conjugal rights constitute a ground for dissolution?	When the respondent has failed to comply with the decree for two years or more after it was passed.
What period of desertion constitutes a ground for dissolution of marriage?	Desertion of the petitioner for at least two years immediately preceding the presentation of the petition.
When does cruelty constitute a ground for dissolution of marriage?	When the respondent has treated the petitioner with such cruelty as to cause a reasonable apprehension that it would be harmful or injurious for the petitioner to live with the respondent.
What additional ground is available exclusively to a wife for dissolution of marriage?	The husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.
What is the subject matter of Section 10A?	Dissolution of marriage by mutual consent.
Who may present a petition for dissolution of marriage by mutual consent?	Both parties to the marriage together.
To which Court shall a petition under Section 10A be presented?	The District Court.
To what marriages does Section 10A apply?	Marriages solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001.
What is the condition regarding separation for a petition under Section 10A?	The parties must have been living separately for two years or more.
What other conditions are required for dissolution of marriage by mutual consent under Section 10A?	The parties have not been able to live together and have mutually agreed that the marriage should be dissolved.
What is the earliest time for making the joint motion under Section 10A(2)?	Not earlier than six months after the presentation of the petition.
What is the latest time for making the joint motion under Section 10A(2)?	Not later than eighteen months after the presentation of the petition.
What is the effect if the petition is withdrawn by both parties before the joint motion?	No decree for dissolution shall be passed.
What must the Court be satisfied about before passing a decree under Section 10A(2)?	That the marriage has been solemnized and the averments in the petition are true.
What must the Court do before passing a decree under Section 10A(2)?	Hear the parties and make such inquiry as it thinks fit.
What is the duty of the Court upon being satisfied under Section 10A(2)?	Pass a decree declaring the marriage dissolved.
From what date does a decree of dissolution by mutual consent take effect?	From the date of the decree.
What is the subject matter of Section 11?	Adulterer or adulteress to be co-respondent.
When is Section 11 applicable?	On a petition for dissolution of marriage presented on the ground of adultery.
Who shall be made a co-respondent in a petition for dissolution of marriage on the ground of adultery?	The alleged adulterer or adulteress.
Can the Court excuse the petitioner from impleading the alleged adulterer or adulteress as a co-respondent?	Yes, on the grounds specified in Section 11.
When may the Court excuse the petitioner from impleading the alleged adulterer or adulteress because of the respondent's conduct?	When the wife, being the respondent, is leading the life of a prostitute or the husband, being the respondent, is leading an immoral life, and the petitioner knows of no person with whom the adultery has been committed.
When may the Court excuse the petitioner from impleading the alleged adulterer or adulteress because the identity is unknown?	When the petitioner, despite due efforts, does not know the name of the alleged adulterer or adulteress.
When may the Court excuse the petitioner from impleading the alleged adulterer or adulteress because of death?	When the alleged adulterer or adulteress is dead.
What is the subject matter of Section 12?	Court to be satisfied of absence of collusion.
What must the Court satisfy itself about on a petition for dissolution of marriage?	The facts alleged and the absence of grounds disentitling the petitioner to relief.
What must the Court ascertain regarding the petitioner's conduct in relation to the marriage?	Whether the petitioner has been accessory to or conniving at the going through of the form of marriage.
What must the Court ascertain regarding the petitioner's conduct in relation to adultery?	Whether the petitioner has been accessory to or conniving at the adultery or has condoned it.
What must the Court enquire into besides the petitioner's allegations?	Any countercharge made against the petitioner.
To what extent must the Court satisfy itself under Section 12?	So far as it reasonably can.
What is the subject matter of Section 13?	Dismissal of petition.
When shall the Court dismiss a petition under Section 13?	When the petitioner's case has not been proved.
When shall the Court dismiss a petition for failure to prove adultery?	When the Court is not satisfied that the alleged adultery has been committed.
When shall the Court dismiss a petition on the ground of the petitioner's conduct relating to the marriage?	When the petitioner has been accessory to or conniving at the going through of the form of marriage during the marriage.
When shall the Court dismiss a petition on the ground of the petitioner's conduct relating to adultery?	When the petitioner has been accessory to or conniving at the adultery of the other party to the marriage or has condoned the adultery complained of.
When shall the Court dismiss a petition on the ground of collusion?	When the petition is presented or prosecuted in collusion with either of the respondents.
What is the subject matter of Section 14?	Power of the Court to pronounce decree for dissolving marriage.
When shall the Court pronounce a decree declaring the marriage dissolved?	When the petitioner's case is proved and no statutory disqualification exists.
What must the Court not find before pronouncing a decree for dissolution of marriage?	That the petitioner has been accessory to or conniving at the form of marriage or the adultery of the other party, has condoned the adultery, or has presented or prosecuted the petition in collusion with either respondent.
Is the Court bound to pronounce a decree for dissolution in every case where the petition is proved?	No.
When may the Court refuse to pronounce a decree although the petition is proved?	If the petitioner has, during the marriage, been guilty of adultery.
When may the Court refuse to pronounce a decree on the ground of delay?	If the petitioner has been guilty of unreasonable delay in presenting or prosecuting the petition.
When may the Court refuse to pronounce a decree on the ground of cruelty by the petitioner?	If the petitioner has been guilty of cruelty towards the other party to the marriage.
When may the Court refuse to pronounce a decree on the ground of desertion by the petitioner?	If the petitioner deserted or wilfully separated from the other party before the adultery complained of and without reasonable excuse.
When may the Court refuse to pronounce a decree on the ground of the petitioner's misconduct?	If the petitioner's wilful neglect or misconduct towards the other party has conduced to the adultery.
When is adultery deemed to be condoned under the Act?	Only where conjugal cohabitation has been resumed or continued.
What is the subject matter of Section 15?	Relief in case of opposition on certain grounds.
When does Section 15 apply?	When the respondent opposes a suit for dissolution of marriage on the specified grounds.
On what grounds may the respondent oppose a suit instituted by a husband?	The husband's adultery, cruelty or desertion.
On what grounds may the respondent oppose a suit instituted by a wife?	The wife's adultery, cruelty or desertion.
What relief may the Court grant to the respondent under Section 15?	The same relief to which the respondent would have been entitled if he or she had presented a petition seeking such relief.
Is the respondent required to file a separate petition to obtain relief under Section 15?	No, relief may be granted on the respondent's application in the same suit.
What evidence is the respondent competent to give under Section 15?	Evidence of or relating to such adultery, cruelty or desertion.
What is the subject matter of Section 16?	Decrees for dissolution to be nisi.
What is the nature of every decree for dissolution of marriage made by a High Court in the first instance?	A decree nisi.
When can a decree nisi be made absolute?	After the expiry of the period, not less than six months from its pronouncement, as directed by the High Court.
Who may show cause against making a decree nisi absolute?	Any person.
On what grounds may cause be shown against making a decree nisi absolute?	That the decree was obtained by collusion or that material facts were not brought before the Court.
How shall cause against making a decree nisi absolute be shown?	In the manner directed by the High Court by general or special order.
What orders may the High Court pass after cause is shown?	Make the decree absolute, reverse the decree nisi, require further inquiry, or pass such other order as justice demands.
Who may be directed to pay the costs arising from showing cause against a decree nisi?	Such party or parties as the High Court thinks fit, including a wife if she has separate property.
What is the consequence if the petitioner fails within a reasonable time to move for making the decree nisi absolute?	The High Court may dismiss the suit.
What is the subject matter of Section 17?	Power of High Court to remove certain suits.
When may an application under Section 17 be made to the High Court?	During the progress of a suit in the Court of the District Judge.
Who may apply to the High Court under Section 17?	Any person suspecting that the parties are or have been acting in collusion for obtaining a divorce.
For what purpose may a suit be removed under Section 17?	To inquire into suspected collusion for obtaining a divorce.
In what manner shall an application under Section 17 be made?	In the manner directed by the High Court by general or special order.
Under which provision may the High Court remove the suit?	Section 8.
What may the High Court do after receiving an application under Section 17?	Remove the suit and try and determine it as a Court of original jurisdiction, if it thinks fit.
Which provision applies to every suit removed by the High Court under Section 17?	Section 16.
What alternative power does the High Court have instead of removing the suit?	It may direct the District Judge to take necessary steps regarding the alleged collusion.
Why may the High Court direct the District Judge to take steps regarding the alleged collusion?	To enable the District Judge to make a decree in accordance with the justice of the case.
What is the subject matter of Section 17A?	Appointment of officer to exercise duties of King's Proctor.
What is the status of Section 17A?	Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001) with effect from 3-10-2001.

CHAPTER 4
NULLITY OF MARRIAGE
What is the subject matter of Section 18?	Petition for decree of nullity.
Who may present a petition for a decree of nullity of marriage?	Any husband or wife.
To which Court shall a petition for a decree of nullity be presented?	The District Court.
What relief may be sought under Section 18?	A declaration that the marriage is null and void.
What is the subject matter of Section 19?	Grounds of decree of nullity.
On what ground may a decree of nullity be granted relating to impotence?	The respondent was impotent at the time of the marriage and at the time of the institution of the suit.
On what ground may a decree of nullity be granted relating to prohibited relationship?	The parties are within the prohibited degree of consanguinity, whether natural or legal, or affinity.
On what ground may a decree of nullity be granted relating to mental incapacity?	Either party was a lunatic or idiot at the time of the marriage.
On what ground may a decree of nullity be granted relating to a subsisting marriage?	The former husband or wife of either party was living at the time of the marriage and that marriage was then in force.
Does Section 19 affect the jurisdiction of the District Court to grant a decree of nullity on the ground of force or fraud?	No.
On what additional ground may the District Court grant a decree of nullity notwithstanding Section 19?	That the consent of either party was obtained by force or fraud.
What is the subject matter of Section 20?	Confirmation of District Judge's decree.
What is the status of Section 20?	Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001) with effect from 3-10-2001.
What is the subject matter of Section 21?	Children of annulled marriage.
When does Section 21 apply to a marriage annulled on the ground of a former spouse being alive?	When the subsequent marriage was contracted in good faith and with the full belief that the former husband or wife was dead.
When else does Section 21 apply?	When a marriage is annulled on the ground of insanity.
Which children must be specified in the decree under Section 21?	Children begotten before the decree of annulment is made.
What succession right do children specified under Section 21 acquire?	They are entitled to succeed as legitimate children.
To whose estate are such children entitled to succeed as legitimate children?	The estate of the parent who was competent to contract the marriage at the time of the marriage.

CHAPTER 5
JUDICIAL SEPARATION
What is the subject matter of Section 22?	Bar to decree for divorce a mensa et toro and judicial separation.
Can a decree for divorce a mensa et toro be made under the Act?	No.
Who may obtain a decree of judicial separation under Section 22?	Either the husband or the wife.
On what grounds may a decree of judicial separation be obtained?	Adultery, cruelty, or desertion for two years or upwards.
What is the legal effect of a decree of judicial separation?	It has the effect of a divorce a mensa et toro under the existing law and such other legal effects as provided by the Act.
What is the subject matter of Section 23?	Application for judicial separation by petition.
Who may apply for judicial separation under Section 23?	Either the husband or the wife.
To which Court shall a petition for judicial separation be presented?	The District Court.
On what grounds may an application for judicial separation be made?	Any of the grounds specified in Section 22.
When may the District Court grant a decree of judicial separation?	When it is satisfied of the truth of the statements in the petition and that there is no legal ground for refusing the application.
What is the subject matter of Section 24?	Separated wife deemed spinster with respect to after-acquired property.
From when is a wife deemed unmarried for the purposes of property under Section 24?	From the date of the decree of judicial separation and while the separation continues.
With respect to what property is a judicially separated wife deemed unmarried?	Property of every description acquired by or coming to or devolving upon her during the separation.
How may a judicially separated wife deal with property acquired during separation?	She may dispose of it in all respects as an unmarried woman.
How does the property of a judicially separated wife devolve if she dies intestate during separation?	As it would have devolved if her husband had then been dead.
What is the effect of resumption of cohabitation on the wife's property acquired during judicial separation?	The property to which she is entitled at the time cohabitation resumes shall be held to her separate use.
To what is the wife's separate use of property after resumption of cohabitation subject?	Any written agreement made between the spouses while they were living separately.
What is the subject matter of Section 25?	Separated wife deemed spinster for purposes of contract and suing.
During what period is a judicially separated wife deemed an unmarried woman under Section 25?	While the judicial separation continues.
For what purposes is a judicially separated wife deemed an unmarried woman?	Contract, wrongs and injuries, and suing and being sued in civil proceedings.
Is the husband liable for contracts, acts, omissions or costs of the wife during judicial separation?	No.
What is the exception to the husband's exemption from liability during judicial separation?	He is liable for necessaries supplied for the wife's use if alimony decreed or ordered is not duly paid.
When does the husband become liable for necessaries supplied to the wife?	When alimony decreed or ordered to the wife is not duly paid by him.
Does judicial separation prevent the wife from exercising a joint power with her husband?	No.
When may the wife exercise a joint power with her husband during judicial separation?	At any time during the separation.
What is the subject matter of Section 26?	Reversal of decree of judicial separation obtained during the absence of the husband or wife.
Who may present a petition for reversal of a decree under Section 26?	The husband or wife against whom the decree of judicial separation was pronounced.
To which Court shall a petition for reversal under Section 26 be presented?	The Court which pronounced the decree of judicial separation.
On what ground may a decree of judicial separation be reversed under Section 26?	That it was obtained in the petitioner's absence.
What additional condition must be proved for reversal where the decree was granted on the ground of desertion?	That there was reasonable excuse for the alleged desertion.
When may a petition for reversal of a decree of judicial separation be presented?	At any time after the decree has been pronounced.
When may the Court reverse a decree of judicial separation under Section 26?	When it is satisfied of the truth of the allegations in the petition.
Does reversal of a decree of judicial separation affect the rights or remedies of third parties?	No.
Which rights or remedies of third parties are protected despite reversal of the decree?	Rights or remedies in respect of debts, contracts or acts of the wife incurred, entered into or done between the decree of judicial separation and its reversal.

CHAPTER 6
PROTECTION-ORDERS
What is the subject matter of Section 27?	Deserted wife may apply to Court for protection.
To whom does Section 27 apply?	A wife to whom section 4 of the Indian Succession Act, 1865 does not apply.
When may a wife present a petition under Section 27?	At any time after being deserted by her husband.
To which Court shall a petition under Section 27 be presented?	The District Court.
What relief may a deserted wife seek under Section 27?	An order protecting her property against her husband, his creditors or persons claiming under him.
Which property may be protected under Section 27?	Property acquired or to be acquired by the wife and property of which she has become or may become possessed after the desertion.
Against whom may protection of property be sought under Section 27?	The husband, his creditors and any person claiming under him.
What is the subject matter of Section 28?	Court may grant protection-order.
When may the Court grant a protection order under Section 28?	When satisfied that the wife has been deserted without reasonable excuse and is maintaining herself by her own industry or property.
What property may the Court protect by a protection order?	The wife's earnings and other property.
Against whom does a protection order operate?	The husband and all creditors and persons claiming under him.
What must every protection order state?	The time at which the desertion commenced.
What is the evidentiary effect of the statement of commencement of desertion in a protection order?	It is conclusive as to that time for all persons dealing with the wife in reliance on the order.
What is the subject matter of Section 29?	Discharge or variation of protection orders.
Who may apply for discharge or variation of a protection order?	The husband, any creditor of the husband, or any person claiming under him.
To which Court shall an application under Section 29 be made?	The Court which made the protection order.
When may the Court discharge or vary a protection order?	If the desertion has ceased or for any other reason the Court thinks fit.
What is the subject matter of Section 30?	Liability of husband seizing wife's property after notice of protection order.
Who is liable under Section 30?	The husband, any creditor of the husband, or any person claiming under the husband.
When does liability arise under Section 30?	When, after notice of a protection order, the husband, creditor or person claiming under the husband seizes or continues to hold the wife's property.
Who may institute a suit under Section 30?	The wife.
Is the wife empowered to bring a suit under Section 30?	Yes.
What relief is the wife entitled to under Section 30 regarding the property?	Return or delivery of the specific property.
What monetary liability is imposed under Section 30?	Payment to the wife of a sum equal to double the value of the property.
What is the subject matter of Section 31?	Wife's legal position during continuance of protection order.
For how long does Section 31 apply to the wife?	So long as the protection order remains in force.
What is the legal position of a wife during the continuance of a protection order?	She is and is deemed to have been, during the desertion, in the same position as if she had obtained a decree of judicial separation.
In respect of what matters is the wife deemed to be in the same position as under a decree of judicial separation?	Property, contracts, and suing and being sued.

CHAPTER 7
RESTITUTION OF CONJUGAL RIGHTS
What is the subject matter of Section 32?	Petition for restitution of conjugal rights.
When may a petition for restitution of conjugal rights be presented?	When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other.
Who may present a petition for restitution of conjugal rights?	Either the husband or the wife.
To which Court shall a petition for restitution of conjugal rights be presented?	The District Court.
When may the Court decree restitution of conjugal rights?	When it is satisfied of the truth of the statements in the petition and that there is no legal ground for refusing the application.
What is the subject matter of Section 33?	Answer to petition.
What pleas may be raised in answer to a petition for restitution of conjugal rights?	Only such pleas as would constitute a ground for a suit for judicial separation or for a decree of nullity of marriage.

CHAPTER 8
DAMAGES AND COSTS
What is the subject matter of Section 34?	Husband may claim damages from adulterer.
What is the status of Section 34?	Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001) with effect from 3-10-2001.
What is the subject matter of Section 35?	Power to order adulterer to pay costs.
What is the status of Section 35?	Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001) with effect from 3-10-2001.

CHAPTER 9
ALIMONY
What is the subject matter of Section 36?	Alimony pendente lite.
In which suits does Section 36 apply?	Any suit under this Act, whether instituted by the husband or the wife.
Can the wife seek relief under Section 36 even if she has not obtained a protection order?	Yes.
What relief may the wife seek under Section 36?	Expenses of the proceedings and alimony pending the suit.
Who may present a petition under Section 36?	The wife.
Upon whom shall a petition under Section 36 be served?	The husband.
When may the Court grant expenses of the proceedings and alimony pendente lite?	When it is satisfied of the truth of the statements contained in the petition.
What order may the Court pass under Section 36?	An order directing the husband to pay the wife the expenses of the proceedings and alimony pending the suit as the Court deems just.
Within what period should a petition under Section 36, as far as possible, be disposed of?	Within sixty days from the service of the petition on the husband.
What is the subject matter of Section 37?	Power to order permanent alimony.
When may the District Court exercise its power under Section 37?	When the wife obtains a decree of dissolution of marriage or a decree of judicial separation.
What may the District Court require the husband to secure to the wife under Section 37?	A gross sum of money or an annual sum of money.
For what maximum period may an annual sum be secured under Section 37?	For any term not exceeding the wife's life.
What factors shall the Court consider while determining permanent alimony under Section 37?	The wife's fortune, if any, the husband's ability, and the conduct of the parties.
What may the Court do to secure payment of permanent alimony?	Cause a proper instrument to be executed by all necessary parties.
Can the Court order periodic maintenance under Section 37?	Yes.
What periodic payments may the Court order under Section 37?	Monthly or weekly sums for the wife's maintenance and support.
On whom may the Court order payment of monthly or weekly maintenance?	The husband.
What is the standard for determining monthly or weekly maintenance under Section 37?	Such amount as the Court thinks reasonable.
When may the Court discharge, modify or suspend an order for monthly or weekly maintenance?	When the husband subsequently becomes unable to make the payments.
Can the Court suspend the maintenance order partially under Section 37?	Yes, as to the whole or any part of the amount ordered to be paid.
Can the Court revive a maintenance order after suspension?	Yes, wholly or in part, as the Court thinks fit.
What is the subject matter of Section 38?	Court may direct payment of alimony to wife or to her trustee.
To whom may the Court direct payment of alimony?	The wife herself or a trustee on her behalf approved by the Court.
Who approves the trustee for receiving alimony on behalf of the wife?	The Court.
Can the Court impose terms or restrictions while directing payment of alimony?	Yes.
What kind of terms or restrictions may the Court impose regarding payment of alimony?	Such terms or restrictions as the Court considers expedient.
Can the Court appoint a new trustee for receiving alimony?	Yes.
When may the Court appoint a new trustee under Section 38?	Whenever it appears to the Court expedient to do so.

CHAPTER 10
SETTLEMENTS
What is the subject matter of Section 39?	Power to order settlement of wife's property for benefit of husband and children.
What is the status of Section 39?	Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001) with effect from 3-10-2001.
What is the subject matter of Section 40?	Inquiry into existence of ante-nuptial or post-nuptial settlements.
When may the District Court inquire into the existence of ante-nuptial or post-nuptial settlements?	Before passing a decree for dissolution of marriage or a decree of nullity of marriage.
What settlements may the District Court inquire into under Section 40?	Ante-nuptial or post-nuptial settlements made on the parties whose marriage is the subject of the decree.
What orders may the District Court make after such inquiry?	Orders regarding the application of the whole or any portion of the settled property.
For whose benefit may the Court apply the settled property under Section 40?	The husband, the wife, the children of the marriage, or both the children and the parents.
What restriction applies to the Court's power under the proviso to Section 40?	The Court shall not make any order for the benefit of the parents or either of them at the expense of the children.

CHAPTER 11
CUSTODY OF CHILDREN
What is the subject matter of Section 41?	Power to make orders as to custody of children in suit for judicial separation.
In which proceedings does Section 41 apply?	A suit for obtaining judicial separation.
When may the Court make interim orders under Section 41?	From time to time before passing the decree.
What matters may be covered by interim orders or provisions in the decree under Section 41?	Custody, maintenance and education of the minor children.
Which children are covered under Section 41?	Minor children whose parents' marriage is the subject of the suit.
Can the Court direct proceedings to place the minor children under its protection?	Yes, if it thinks fit.
Within what period should an application for maintenance and education of minor children pending the suit, as far as possible, be disposed of?	Within sixty days from the date of service of notice on the respondent.
What is the subject matter of Section 42?	Power to make orders after decree.
When may the Court exercise its powers under Section 42?	After a decree of judicial separation.
How may the Court be moved to exercise its powers under Section 42?	On an application by petition.
What orders may the Court make under Section 42?	Orders regarding the custody, maintenance and education of the minor children or for placing them under the protection of the Court.
Which children are covered under Section 42?	Minor children whose parents' marriage is the subject of the decree.
What is the extent of the Court's power under Section 42?	It may make any order that could have been made by the decree or by interim orders if the proceedings had still been pending.
What is the subject matter of Section 43?	Power to make orders as to custody of children in suits for dissolution or nullity of marriage.
In which suits does Section 43 apply?	Suits for obtaining dissolution of marriage or a decree of nullity of marriage instituted in a District Court.
When may the District Court make interim orders under Section 43?	From time to time before passing the decree.
What matters may be covered by interim orders under Section 43?	Custody, maintenance and education of the minor children.
Which children are covered under Section 43?	Minor children whose parents' marriage is the subject of the suit.
Can the District Court direct proceedings to place the minor children under its protection under Section 43?	Yes, if it thinks fit.
What is the subject matter of Section 44?	Power to make orders after decree of dissolution or nullity of marriage.
When may the District Court exercise its powers under Section 44?	After a decree of dissolution of marriage or nullity of marriage has been passed.
How may the District Court be moved to exercise its powers under Section 44?	On an application by petition.
What orders may the District Court make under Section 44?	Orders regarding the custody, maintenance and education of the minor children or for placing them under the protection of the Court.
Which children are covered under Section 44?	Minor children whose parents' marriage was the subject of the decree.
What is the extent of the District Court's power under Section 44?	It may make any order that could have been made by the decree or by interim orders under Section 43.

CHAPTER 12
PROCEDURE
What is the subject matter of Section 45?	Application of the Code of Civil Procedure.
By which law are proceedings under the Divorce Act regulated?	The Code of Civil Procedure, 1908.
To which proceedings does Section 45 apply?	All proceedings under this Act between party and party.
Is the application of the Code of Civil Procedure under Section 45 absolute?	No, it is subject to the provisions of this Act.
What is the subject matter of Section 46?	Forms of petitions and statements.
Which forms may be used for petitions and statements under the Act?	The forms set forth in the Schedule to the Act.
Can the prescribed forms under Section 46 be varied?	Yes, with such variation as the circumstances of each case require.
For what purposes may the forms in the Schedule be used?	The respective purposes mentioned in the Schedule.
What is the subject matter of Section 47?	Petition to state absence of collusion and verification of statements.
Which petitions must state the absence of collusion or connivance?	Petitions for dissolution of marriage, nullity of marriage or judicial separation.
What must every petition under Section 47 declare regarding collusion?	That there is no collusion or connivance between the petitioner and the other party to the marriage.
Who may verify the statements contained in a petition under the Act?	The petitioner or any other competent person.
How shall the statements in a petition be verified?	In the manner required by law for the verification of plaints.
What is the evidentiary value of verified statements in a petition?	They may be referred to as evidence at the hearing.
What is the subject matter of Section 48?	Suits on behalf of lunatics.
On whose behalf may a suit under the Act be instituted under Section 48?	On behalf of a husband or wife who is a lunatic or idiot.
Who may institute a suit on behalf of a lunatic or idiot under Section 48?	The committee or other person entitled to his or her custody.
Which suit cannot be instituted on behalf of a lunatic or idiot under Section 48?	A suit for restitution of conjugal rights.
What is the subject matter of Section 49?	Suits by minors.
How shall a minor petitioner institute a suit under the Act?	Through a next friend approved by the Court.
Who must approve the next friend of a minor petitioner?	The Court.
What condition must be fulfilled before a petition by a minor is filed?	The next friend must undertake in writing to be answerable for costs.
Where shall the undertaking of the next friend be filed?	In the Court.
What is the liability of the next friend after filing the undertaking?	The same liability for costs as a plaintiff in an ordinary suit.
What is the subject matter of Section 50?	Service of petition.
Upon whom shall every petition under the Act be served?	The party to be affected by the petition.
Can a petition under Section 50 be served outside India?	Yes.
In what manner shall a petition under Section 50 be served?	In the manner directed by the High Court by general or special order.
Can the Court dispense with service of a petition under Section 50?	Yes.
When may the Court dispense with service of a petition?	When it considers it necessary or expedient to do so.
What is the subject matter of Section 51?	Mode of taking evidence.
How shall witnesses be examined in proceedings under the Act where their attendance can be had?	Orally.
Can a party to the proceedings be a witness under Section 51?	Yes.
How shall a party appearing as a witness be examined?	Like any other witness.
Can a party appearing as a witness be cross-examined and re-examined?	Yes.
Can parties verify their cases by affidavit under Section 51?	Yes, wholly or in part.
When is the deponent of an affidavit liable to be cross-examined orally?	On the application of the opposite party or by direction of the Court.
Who may orally cross-examine the deponent of an affidavit?	The opposite party or a person acting on the opposite party's behalf.
Can the deponent of an affidavit be orally re-examined after cross-examination?	Yes, by or on behalf of the party who filed the affidavit.
What is the subject matter of Section 52?	Competence of husband and wife to give evidence as to cruelty or desertion.
In which petitions does Section 52 apply?	Petitions by a husband or wife seeking dissolution of marriage on the ground of the other spouse's adultery, cruelty or desertion.
Are the husband and wife competent to give evidence under Section 52?	Yes.
Are the husband and wife compellable to give evidence under Section 52?	Yes.
On what matters are the husband and wife competent and compellable to give evidence?	Matters relating to cruelty or desertion.
What is the subject matter of Section 53?	Power to close doors.
When may proceedings under the Act be heard with closed doors?	Whenever the Court thinks fit.
Can the Court hear only a part of the proceedings with closed doors?	Yes.
What is the subject matter of Section 54?	Power to adjourn.
Can the Court adjourn the hearing of a petition under the Act?	Yes.
How often may the Court adjourn the hearing of a petition?	From time to time.
Can the Court require further evidence on a petition?	Yes, if it thinks fit.
What is the subject matter of Section 55?	Enforcement of, and appeal from, orders and decrees.
How shall decrees and orders under the Divorce Act be enforced?	In the same manner as decrees and orders made by the Court in the exercise of its original civil jurisdiction.
How may decrees and orders under the Divorce Act be appealed?	In the same manner as decrees and orders made by the Court in the exercise of its original civil jurisdiction under the laws, rules and orders for the time being in force.
Can an appeal be filed only on the question of costs under Section 55?	No.
What is the subject matter of Section 56?	Appeal to the Supreme Court.
Who may appeal under Section 56?	Any person.
To which Court does an appeal lie under Section 56?	The Supreme Court.
From which decrees of a High Court does an appeal lie under Section 56?	Any decree other than a decree nisi.
From which orders of a High Court does an appeal lie under Section 56?	Any order made on appeal or otherwise.
From which decrees made in the exercise of original jurisdiction does an appeal lie to the Supreme Court?	Any decree other than a decree nisi made by Judges of a High Court or of any Division Court from which no appeal lies to the High Court.
From which orders made in the exercise of original jurisdiction does an appeal lie to the Supreme Court?	Any order made by Judges of a High Court or of any Division Court from which no appeal lies to the High Court.
What is the condition for an appeal to the Supreme Court under Section 56?	The High Court must declare the case to be a fit one for appeal to the Supreme Court.

CHAPTER 13
RE-MARRIAGE
What is the subject matter of Section 57?	Liberty to parties to marry again.
When may either party to a dissolved or annulled marriage marry again?	When the time for appeal has expired without any appeal, including to the Supreme Court, or any appeal has been dismissed and the decree or dismissal has become final.
To which decrees does Section 57 apply?	Decrees for dissolution of marriage or nullity of marriage.
What is the subject matter of Section 58?	English clergyman not compelled to solemnize marriages of persons divorced for adultery.
Can a clergyman in Holy Orders of the Church of England be compelled to solemnize the marriage of a person whose former marriage was dissolved on the ground of adultery?	No.
Is a Church of England clergyman liable for refusing to solemnize such a marriage?	No.
Is a Church of England clergyman liable for solemnizing such a marriage?	No.
What is the subject matter of Section 59?	English Minister refusing to perform ceremony to permit use of his Church.
What must a Minister do if he refuses to perform the marriage service under Section 59?	Permit another Minister in Holy Orders of the Church of England to perform the marriage service in the same Church or Chapel.
Who may perform the marriage service when the Minister refuses?	Another Minister in Holy Orders of the Church of England entitled to officiate within the diocese where the Church or Chapel is situated.
Where shall the alternative Minister perform the marriage service under Section 59?	In the same Church or Chapel.

CHAPTER 14
MISCELLANEOUS
What is the subject matter of Section 60?	Validity of decree for judicial separation or protection order as to persons dealing with the wife.
Until when is a decree for judicial separation or protection order deemed valid under Section 60?	Until it is reversed or discharged.
For whose protection is a decree for judicial separation or protection order deemed valid?	Any person dealing with the wife.
Does the reversal, discharge or variation of a decree or protection order affect rights or remedies arising from the wife's contracts or acts before such reversal, discharge or variation?	No.
Which rights or remedies are protected despite reversal, discharge or variation of the decree or order?	Rights or remedies in respect of contracts entered into or acts done by the wife between the dates of the decree or order and its reversal, discharge or variation.
Who is protected and indemnified under Section 60?	A person who, relying on the decree or protection order, makes payment to, or permits any transfer or act by, the wife.
When does the protection and indemnity under Section 60 apply?	Even if the decree or order has been reversed, discharged or varied or the separation has ceased or been discontinued.
How are persons protected under Section 60 deemed to have acted?	As if the decree or order were valid and subsisting without variation and the separation had not ceased or been discontinued.
When is protection and indemnity under Section 60 not available?	When the person had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation at the time of the payment, transfer or other act.
What is the subject matter of Section 61?	Bar of suit for criminal conversation.
When does the bar under Section 61 take effect?	After the Act comes into operation.
Who is barred from maintaining a suit for criminal conversation with his wife?	A person competent to present a petition under Sections 2 and 10.
What is the subject matter of Section 62?	Power to make rules.
Which authority is empowered to make rules under the Act?	The High Court.
When may the High Court make, alter or add to rules under Section 62?	From time to time as it considers expedient.
What condition must be satisfied while making, altering or adding rules under Section 62?	They must be consistent with the provisions of the Act and the Code of Civil Procedure, 1908.
Where shall the rules, alterations and additions made under Section 62 be published?	In the Official Gazette.

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