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INDIAN DIVORCE ACT, 1869
4 of 1869
26th February, 1869
"The object of this Bill is to place the matrimonial Law administered by the High Courts, in the exercise of their original jurisdiction, on the same footing as the Matrimonial Law administered by the Court for Divorce and Matrimonial Causes in England. The 9th Section of the Act of Parliament for establishing High Courts of Judicature in India, (24 and 25 Vic. Ch. 104) provides that the High Courts shall exercise such Matrimonial Jurisdiction as Her Majesty by Letters Patent shall grant and direct. Under the authority thus conferred by Parliament, the 35th Section of the Letters Patent, constituting the High Courts of Judicature, provides as follows:- "And we do further ordain that the said High Court of Judicature at Fort William in Bengal shall have jurisdiction in matters Matrimonial between our subjects professing the Christian religion, and that such jurisdiction shall extend to the local limits within which the Supreme Court now has Ecclesiastical Jurisdiction. Provided always that nothing herein contained shall be held to interfere with the exercise of any Jurisdiction in matters matrimonial by any Court not established by Royal Charter within the said Presidency lawfully possessed thereof." In the Despatch of the Secretary of State transmitting the Letters Patent (Letter from Secretary of State, Judicial No. 24 dated 14-5-1862), the 33rd and 34th paragraphs are to the following effect :- 33. "Her Majesty's Government are desirous of placing the Christian subjects of the Crown within the Presidency in the same position under the High Court, as to matters matrimonial in general as they now are under the Supreme Court, and this they believe to be effected by Clause 35 of the Charter. But they consider expedient that the High Court should possess, in addition, the powers of decreeing divorce, which the Supreme Court does not possess, in other words, that the High Court should have the same jurisdiction as the Court for Divorce and Matrimonial Causes in England, established in virtue of the Act 20 and 21 Vic. C. 85, and in regard to which further provisions were made by 22 and 23Vic. C. 61, and 23 and 24 Vic. C. 144. The Act of Parliament for establishing the High Court, however, does not purport to give to the Crown the power of importing into the Charter all the provisions of the Divorce Court Act, and some of them the Crown clearly could not so import, such for instance as those which prescribe the period of remarriage, and those which exempt from punishment clergymen refusing to remarry adulterers. All these are, in truth, matters for Indian legislation, and I request that you will immediately take the subject into your consideration and introduce into your Council a Bill for conferring upon the High Court the jurisdiction and powers of the Divorce Court in England, one of the provisions of which should be to give an appeal to the Privy Council in those cases in which the Divorce Court Act gives an appeal to the House of Lords. 34. The objects of the proviso at the end of Clause 35 is to obviate any doubt that may possibly arise as to whether, by vesting the High Court with the powers of the Court for Divorce and Matrimonial Causes in Engalnd, it was intended to take away from the Courts within divisions of the Presidency not established by Royal Charter any jurisdiction which they might have in matters matrimonial, as, for instance, in a suit for alimony between Armenians or Native Christians. With any such jurisdiction it is not intended to interfere." In addition to the Act of Parliament mentioned by the Secretary of State as regulating the jurisdiction of the English Divorce Court the Statutes 25 and 26 Vic. Ch. 81 has been passed in the year just expired (1862). The object of this Statute to render perpetual 23 and 24 Vic. Ch. 144 the duration of which had been originally limited to two years. The draft of a Bill has been prepared to give effect to the Secretary of State instructions, but some variations from the English Statutes in respect of Procedure have been adopted. With a view to uniformity in practice in the several branches of jurisdiction, the Bill provides that the Procedure of the Code of Civil Procedure shall be followed, instead of the Rules of Her Majesty's Court for Divorce and Matrimonial Causes in England and it omits the provision in 20 and 21 Vic. Ch.85 respecting the occasional trial of questions of fact by juries. In respect of fees, it has been considered that the Act 20 of 1862 (lately continued by the governor-general in Council for another year) renders special legislation unnecessary. The power of intervening in suits, given by 23 and 24 Vic. Ch. 144, to the Attorney General and the Queen's Proctor is, in this Bill, given to the Advocate General and the Solicitor to Government. There are also other variations of a minor and verbal character. The Draft Bill having been submitted to the Judges of the several High Courts, with request that they would favour the Government with their opinions on it communications have been received, from the Judges at Calcutta and Bombay and will be laid before the Council. In these letters there are several important suggestions, and the Honourable the Chief Justice of the High Court at Calcutta has intimated that he considers it doubtful whether decrees by the High Court under the proposed Act, dissolving the marriages of persons who have been married in England would have legal effect there. The question is one of considerable difficulty as well as of great importance, and has been stated to the Secretary of State, with the view of obtaining the opinion of Her Majesty's Law Officers, and, if necessary, some legislative measure to remove all doubts." - Calcutta Gazette, 1863, p. 173.
An Act to amend the law relating to Divorce and Matrimonial Causes
2[* *]. 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 matters matrimonial; It is hereby enacted as follows :-I-PRELIMINARY
SECTION 01: SHORT TITLE, COMMENCEMENT OF ACT
This Act may be called the3[***] Divorce Act and shall come into operation on the first day of April, 1869.
SECTION 02: EXTENT OF ACT
4[This Act extends to the whole of India5[except the State of Jammu and Kashmir].] Extent of power to grant relief generally,6[Nothing hereinafter contained shall authorise any Court to grant any relief under this Act except where the petitioner7[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 India 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.]
SECTION 03: INTERPRETATION CLAUSE
- In this Act, unless there be something repugnant in the subject or context,- "High Court".
10[(1) "High Court" means with reference to any area-
(a) in a State, the High Court for that State;
11[(b) in Delhi, the High Court of Delhi; 12[ * * * ]].
(c) in Manipur and Tripura, the High Court of Assam17;
(d) in the Andaman and Nicobar Islands, the High Court at Calcutta;
(e) in the [Lakshadweep] the High Court of Kerala;
14[(ee) in Chandigarh, the High Court of Punjab and Haryana,] and in the case of any petition under this Act, "High Court" means the High Court for the area where the husband and wife reside or last resided together : ]
15[(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,8["or of whose jurisdiction under this Act the marriage was solemnized or"], the husband and wife reside or last resided together; "Court".
(4) "Court" means the High Court or the District Court, as the case may be: "Minor children".
(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; "Incestuous adultery".
9(6)[* * *]
9(7)[* * *]
"Marriage with another woman".
(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 within16[India] or elsewhere;
"Desertion".
(9) "desertion" implies an abandonment against the wish of the person charging it; and
"Property".
(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.
SECTION 04: 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 licences, which may be granted as if this Act had not been passed.
SECTION 05: 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.
SECTION 06: 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 any such Court, so far as may be, as if they had been originally instituted therein under this Act.
SECTION 07: COURT TO ACT ON PRINCIPLES OF ENGLISH DIVORCE COURT
SECTION 08: 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.
SECTION 09: REFERENCE TO HIGH COURTS
- 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.
SECTION 10:. GROUNDS FOR DISSOLUTION OF MARRIAGE.
19(1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 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
(iv) has, for a period of not less than two years immediately preceding the presentation of the petition, been
suffering from a virulent and incurable form of leprosy; 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."
SECTION 10A: DISSOLUTION OF MARRIAGE BY MUTUAL CONSENT.
20 (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, 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 meantime, the court shall, on being satisfied, after hearing the parties and making such inquiry, as it think 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.
SECTION 11:. ADULTERER OR ADULTERESS TO BE CO-RESPONDENT.
21On 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 in unknown to the petitioner although the petitioner has made due efforts to discover it;
(c) that the alleged adulterer or adulteress is dead.
SECTION 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 inquire into any countercharge which may be made against the petitioner.
SECTION 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.22SECTION 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 dissolved23[* * *]: 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 co-habitation has been resumed or continued.
SECTION 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 desertion24[* * *], or, in case of such a suit instituted by a wife, on the ground of25["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 to26["such adultery, cruelty"] or desertion.
SECTION 16: DECREES FOR DISSOLUTION TO BE NISI
- Every decree for a dissolution of marriage made by a High Court,27[* * *], 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 costs 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.State AmendmentsSECTION 17:. POWER OF HIGH COURT TO REMOVE CERTAIN SUITS.
28During 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.
SECTION 17A: APPOINTMENT OF OFFICER TO EXERCISE DUTIES OF KING'S PROCTOR
SECTION 18: PETITION FOR DECREE OF NULLITY
- Any husband or wife may present a petition to the District Court30[* * *], praying that his or her marriage may be declared null and void.State AmendmentsSECTION 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 marriage and at the time of the institution of the suit;
(2) that the parties are within the prohibited degrees 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 the31["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.
State Amendments
SECTION 20: CONFIRMATION OF DISTRICT JUDGE'S DECREE
SECTION 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.
SECTION 22: BAR TO DECREE FOR DIVORCE A MENSA ET TORO; BUT JUDICIAL SEPARATIONOBTAINABLE 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 desertion33[* * *] 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 hereinafter mentioned.
SECTION 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 Court34[* * *]; 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.State AmendmentsSECTION 24: SEPARATED WILE DEEMED SPINSTER WITH RESPECT TO AFTER-ACQUIRED PROPERTY
- In every case of a judicial seperation 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 going if her husband had been then dead : Provided that, if any such wife again cohabits with her husband, ail 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.
SECTION 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 proceeding; and her husband shall not be liable in respect of any contract, 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.
SECTION 26: DECREE OF SEPARATION OBTAINED DURING ABSENCE OF HUSBAND OR WIFE MAY BEREVERSED
- 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.
SECTION 27: DESERTED WIFE MAY APPLY TO COURT FOR PROTECTION
- Any wife to whomsection 4 of the Indian Succession Act, 1865, does not apply, may, when deserted by her husband, present a petition to the District Court34[* * *], 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.State AmendmentsSECTION 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.
SECTION 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.
SECTION 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.
SECTION 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 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.
SECTION 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 Court34[* * *], 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.State AmendmentsSECTION 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.
SECTION 34: HUSBAND MAY CLAIM DAMAGES FROM ADULTERER
SECTION 35: POWER TO ORDER ADULTERER TO PAY POSTS
SECTION 36: ALIMONY PENDENTE LIFE
- 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, mayur41["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 husband42["for payment to the wife of the expenses of the proceedings and alimony pending the suit"] as it may deem just:
Provided that alimony pending the suit shall in no case exceed one-fifth of the husband's average net income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be. SECTION 37: POWER TO ORDER PERMANENT ALIMONY
-36[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. 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. State Amendments
SECTION 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.
SECTION 39: POWER TO ORDER SETTLEMENT OF WIFE'S PROPERTY FOR BENEFIT OF HUSBAND ANDCHILDREN
SECTION 40: INQUIRY INTO EXISTENCE OF ANTE-NUPTIAL OR POST-NUPTIAL SETTLEMENTS
-37["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. State Amendments
SECTION 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 think fit, direct proceedings to be taken for placing such children under the protection of the said Court.48
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.
SECTION 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 pa
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