The Divorce Act, 1869: (4 of 1869) with state amendments along with model specimen of separation deed (Bare Act)/ Universal Law Publishing

THE DIVORCE ACT, 1869
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 Court or High Court
6. Pending suits
7. [Repealed] 8.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
IDA. Dissolution of marriage by mutual consent 11. Adulterer or adulteress to be co-respondent
12. Court to be satisfied of absence of collusion
13. Disnussal 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. [Repealed]
IV.—NULLITY OF MARRIAGE 18. Petition for decree of nullity
19. Grounds of decree
20. [Repealed]
21. Children of annulled marriage
v.—JUDiaAL 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 26. Decree of separation obtained during absence of husband or wife may be reversed
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. [Repeated] 35. [Repealed]
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
m Inq^' ^o 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 m suits 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. PeHtion to state absence of coUusion 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 hasband and wJe to gi cruc-Ity or desertion 53. Power to close doors 54. Power to adjourn

Enforcement of, and appeal from, orders and decrees
No appeal as to costs Appeal to the Supreme Court
XIII.—RE-MARRIAGE
Liberty to parties to marry again English clergyman not compelled to solemnize marriages of persons divorced for adultery English Minister refusing to perform ceremony to permit use of his Church
XIV.—MISCELLANEOUS
Decree for separation or protection-order valid as to persons dealing with wife before reversal Indemnity of persons making payment to wife without notice of reversal of decree or protection order
Bar of suit for criminal conversation
Power to make rules
SCHEDULE OF FORMS No. 1— Petition by husband for a dissolution of marriage with damages against co-respondent, by reason of adultery No. 2— Respondent's statement in answer to No. I No. 3— Co-respondent's statement in atrswer to No. 1 No. 4— Petition for Decree of Nullity of Marriage No. 5— Petition by wife for judicial separation on the groimd of her husband's adultery
No. 6— Statement in answer to No. 5
No. 7— Statement in reply to No. 6 No. 8— Petition for a judicial separation by reason of cruelty
No. 9— Statement in answer to No. 8
No. 10— Petition for reversal of decree of separation
No. II— Petition for Protection-order . „
No. 12— Petition for Alimony pending the suit •• . No. 13—■ Statement in answer to No. 12 . No. 14— Undertaking by minor's next friend to be answerable for respondent's costs
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MODEL SPECIMEN Separation Deed between Husband and Wife