1. Short title
This Act may be cited as the 2[***] Converts' Marriage Dissolution Act, 18663
2. Commencement of Act- Repealed by the Repealing Act, 1874]
3. Interpretation-clause
In this Act-
"Husband "- 2[***] husband" shall mean a married man domiciled in 4[India], who shall
have completed the age of sixteen yeas, and shall not be a Christian, a Muhammadan
nor a Jew :
"Wife"- "2[***] wife" shall mean a married woman domiciled in 4[India], who shall have
completed the age of thirteen years, and shall not be a Christian, a Muhammadan nor a
Jewess :
"Personal law"- "5[Personal law]" shall mean any law, or custom having the force of law,
of any persons domiciled in 4[India] other than Christians, Muhammadans and Jews:
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"Month" and "year"- "Month" and "year" shall respectively mean month and year
according to the British calendar :
6[***]
4. When convert deserted by his wife may sue for conjugal society
If a 2[***] husband changes his religion for Christianity, and if in consequence of such
change his 2[***] wife, for the space of six continuous months, desert or repudiate him,
he may sue her for conjugal society.
5. When convert deserted by her, husband may sue
If a 2[***] wife change her religion for Christianity, and if in consequence of such change
her 2[***] husband, for the space of six continuous months, desert or repudiate her, she
may sue him for conjugal society.
6. Court in which suit shall be brought
If the respondent, at the time of commencement of such suit, reside within the local
limits of the ordinary original civil jurisdiction of any of the High Courts of Judicature,
the suit shall be commenced in such Court; otherwise it shall be commenced in the
principal Civil Court of original jurisdiction of the district in the defendant shall reside
at the commencement of the suit.
7. Suit to be commenced by verified petition
The suit shall be commenced by a petition in the form in the First Schedule to this Act,
or as near thereto as the circumstances of the case will allow.
The statements made in the petition shall be verified by the petitioner in the manner
required by law for the verification of plaints; and the petition 7[***] may be amended
by permission of the Court.
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8. On service of petition, citation to respondent
A copy of the petition shall be served upon the respondent, and the Court shall
thereupon issue a citation under the seal of the Court and signed by the Judge.
9. Form of citation
In ordinary cases the citation shall be in the form in the Second Schedule to this Act, or
as near thereto as the circumstances of the case will allow.
But where the respondent is exempt by law from personal appearance in Court, or
where the Judge shall so direct, the citation shall be in the form in the Third Schedule to
this Act, or as near thereto as the circumstances of the case will allow.
10. Service of citation
A copy of the citation sealed with the seal of the Court shall be served on the
respondent; and the provisions of the Code of Civil Procedure (5 of 1908) as to the
service and endorsement of summonses shall apply, mutatis mutandis, to citations
under this Act.
11. Penalty on respondent not obeying citation
If the respondent shall not obey such citation, and comply with every other requirement
made upon her or him under the provisions of this Act, she or he shall be liable to
punishment under section 174 of the Indian Penal Code (45 of 1860).
12. Points to be proved on appearance of petitioner
On the day fixed in' the citation the petitioner shall appear in Court, and the following
points shall be proved:-
(1) the identity of the parties;
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(2) the marriage between the petitioner and the respondent;
(3) that the male party to the suit has completed the age of sixteen years, and that the
female party to the suit has completed the age of thirteen years;
(4) the desertion or repudiation of the petitioner by the respondent;
(5) that such desertion or repudiation was in consequence of the petitioner's change of
religion;
(6) and that such desertion or repudiation had continued for the six months
immediately before the commencement of the suit.
13. First interrogation of respondent
The respondent, if such points be proved to the satisfaction of the Judge, shall
thereupon be asked whether she or he refuses to cohabit with the petitioner, and, if so,
what is the ground of such refusal.
In ordinary cases such interrogation and every other interrogation prescribed by this
Act shall be made by the Judge, but when the respondent is exempt by law from
personal appearance in Court, or when the Judge shall, in his discretion, excuse the
respondent from such appearance, the interrogations shall be made by Commissioners
acting under such commission as hereinafter mentioned.
14. Interrogations by Judge may be public or private
Every interrogation mentioned in this Act and made by the Judge may, at the discretion
of the Judge, take place in open court or in his private room.
If any such interrogation takes place in open Court, the Judge may, so long as it shall
continue, exclude from the Court all such persons as he shall think fit to exclude.
15. Procedure when female respondent refuses to cohabit with petitioner
Adjournment for a year. Interview
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If the respondent be a female, and in answer to the interrogatories of the Judge or
Commissioners, as the case may be, shall refuse to cohabit with the petitioner, the
Judge, if upon consideration of the respondent’s answers and of the facts which may
have been proved by the petitioner he shall be of opinion that the ground for such
refusal is the petitioner’s change of religion, shall make an order adjourning the case for
a year, and directing that, in the interim, the parties shall, at such place and time as he
shall deem convenient, have an interview of such length as the Judge shall direct, and in
the presence of such person or persons (who may be a female or females) as the Judge
shall select, with the view of ascertaining whether or not the respondent freely and
voluntarily persists in such refusal.
16. Procedure on expiration of adjournment. Interrogation of respondent
At the expiration of such adjournment the petitioner shall again appear in Court and
shall prove that the said desertion or repudiation had continued up to the time last
hereinbefore referred to; and if the points mentioned in section 12 and this section of
this Act shall be proved to the satisfaction of the Judge, and if the respondent on being
interrogated by the Judge or Commissioners, as the case may be, again refuse to cohabit
with the petitioner, the respondent shall be taken to have finally deserted or repudiated
the petitioner,
Decree.- and the Judge shall, by a decree under his hand and scaled with the seal of his
Court, declare that the marriage between the parties is dissolved.
17. Decree in case of male respondent refusing to cohabit on grounds of petitioner's
change of religion
If the respondent be a male, and in answer to the interrogatories of the Judge or
Commissioners, as the case may be, shall refuse to cohabit with the petitioner, the
Judge, if upon consideration of the respondent's answers and of the facts which may
have been proved by the petitioner he shall be of opinion that the ground for such
refusal is the petitioner's change of religion, shall adjourn the case for a year.
At the expiration of such adjournment, the petitioner shall again appear in Court; and if
the respondent on being interrogated by the Judge or Commissioners, as the case may
be, again refuse to cohabit with the petitioner, the Judge shall thereupon pass such a
decree as last aforesaid:
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Proviso.- Provided that if the petitioner shall so desire (but not otherwise), the
proceedings in the suit shall, mutatis mutandis, be the same as in the case of a female
respondent.
18. Decree if respondent so refuse in case of unconsummated marriage, either party
being impubes at time of marriage
Notwithstanding anything hereinbefore contained, if it shall appear at any stage of the
suit that both or either of the parties had not attained puberty at the date of their
marriage, and that such marriage has not been consummated; and if, in answer to the
interrogatories made pursuant to section 13 of this Act, the respondent shall refuse to
cohabit with the petitioner, and allege, as the ground for such refusal, that the petitioner
has changed his or her religion, the Judge shall thereupon pass such a decree a last
aforesaid
19. Liberty to parties to marry again
When any decree dissolving a marriage shall have been passed under the provisions of
this Act, it shall be as lawful for the respective parties thereto to marry again as if the
prior marriage had been dissolved by death, and the issue of any such re-marriage shall
be legitimate,. any 5[personal law] to the contrary notwithstanding:
Provided always that no minister of religion shall be compelled to solemnize the
marriage of any person whose former marriage may have been dissolved under this
Act, or shall be liable to any suit or penalty for refusing to solemnize the marriage of
any such person.
20. Judge to order commission to issue for examination of exempted persons
In suits instituted under this Act, the Judge shall order a commission to issue to such
persons, whether males or females or both, as he shall think fit, for the examination on
interrogatories or otherwise of any persons so exempt as aforesaid.
The provisions of the Code of Civil Procedure (5 of 1908) shall, so far as practicable,
apply to commissions issued under this section.
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21. Proof of marriage and desertion or repudiation of petitioner in consequence of
conversion
At any stage of a suit instituted under this Act, cohabitation as man and wife shall be
sufficient presumptive evidence of the marriage of the parties, and proof of the
respondent's refusal or voluntary neglect to cohabit with the petitioner, after his or her
change of religion and after knowledge thereof by the respondent, shall be sufficient
evidence of the respondent's desertion or repudiation of the petitioner, and shall also be
sufficient evidence that such desertion or repudiation was in consequence of the
petitioner's change of religion, unless some other sufficient cause for such desertion or
repudiation be proved by the respondent.
22. Civil Procedure Code applied
The provisions of the Code of Civil Procedure (5 of 1908) as to the summoning and
examination of witnesses shall apply in suits instituted under this Act.
23. Dismissal of suit if either party under age required by Act, or if parties
cohabiting, or respondent willing to cohabit
If at any stage of the suit it be proved that the male party to the suit is or was at the
institution thereof under the age of sixteen years, or that the female party to the suit is
or was at the same time under the age of thirteen years, or that the petitioner and the
respondent are cohabiting as man and wife, or if the Court is satisfied by the evidence
adduced that the respondent is ready and willing so to cohabit with the petitioner, the
Court shall pass a decree dismissing the suit and stating the ground of such dismissal.
24. Revival of suit after such dismissal
If at any time within twelve months after a decree dismissing the suit upon any of the
grounds mentioned in the last preceding section, the respondent again desert or
repudiate the petitioner upon the ground of his or her change of religion, the suit may
be revived by summoning the respondent; and upon proof of the former decree and of
such renewed repudiation or desertion, the suit shall recommence at the stage at which
it had arrived immediately before the passing of such decree; and, after the proofs,
interrogations, interview and adjournment which may then be requisite under the
provisions hereinbefore contained, the Judge shall pass a decree of the nature
mentioned in section 16 of this Act.
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25. Petitioner's cruelty or adultery to bar suit
If at any stage of the suit it be proved that the respondent has deserted or repudiated
the petitioner solely or partly in consequence of the petitioner's cruelty or adultery, the
Court shall pass a decree dismissing the suit and stating the ground of such dismissal.
A suit dismissed under this section shall not be revived.
26. Male petitioner's cohabitation with one of several wives to bar suit
If the petitioner, being a male, has at the time of the institution of the suit two or more
wives, he shall make them all respondents; and if at any stage of the suit it be proved
that he is cohabiting with one of such wives as man and wife, or that any one of such
wives is ready and willing so to cohabit with him, the Court shall pass a decree
dismissing the suit and stating the ground of such dismissal.
The provisions as to revival contained in section 24 of this Act shall apply, mutatis
mutandis, to a suit dismissed under this section.
27. Dissolution of marriage not to affect status or right of children
A dissolution of marriage under the provisions of this Act shall not operate to deprive
the respondent’s children (if any) by the petitioner of their status as legitimate children,
or of any right or interest which they would have had, according to the 5[personal law]
applicable to them, by way of maintenance, inheritance, or otherwise, in case the
marriage had not been so dissolved as aforesaid.
28. Power to Court to award alimony
If a suit be commenced under the provisions of this Act, and it appear to the Court that
the wife has not sufficient separate property to enable her to maintain herself suitably to
her station in life and to prosecute or defend the suit, the Court may, pending the suit,
order the husband to furnish the wife with sufficient funds to enable her to prosecute or
defend the suit, and also for her maintenance pending the suit.
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If the suit be brought by a husband against a wife, the Court may by the decree order
the husband to make such allowance to his wife for her maintenance during the
remainder of her life as the Court shall think just, and having regard to the condition
and station in life of the parties.
Any allowance so ordered shall cease from the time of any subsequent marriage of the
wife.
29. No appeal under Act; but Judge may state case raising question whether
conversion has dissolved marriage
No appeal shall lie against any order or decree made or passed by any Court in any suit
instituted under this Act ; but if, at any stage of the suit, the respondent shall allege by
way of defence that the marriage between the parties has been dissolved by the
conversion of the petitioner, and that consequently the petitioner is not a 2[***] wife (as
the case may be) within the meaning of this Act, the Judge, if he shall entertain any
doubt as to the validity of such defence, shall, either of his own motion or on the
application of the respondent, state the case and submit it with own opinion thereon for
the decision of the High Court.
30. Case to state necessary facts and documents, and suit to be stayed
Every such case shall concisely set forth such facts and documents as may be necessary
to enable the High Court to decide the questions raised thereby, and the suit shall be
stayed until the judgment of such Court shall have been received as hereinafter
provided.
31. Case to be decided by three Judges
Every such case shall be decided by at least three Judges of the High Court, if such
Court be the High Court at any of the presidency-towns; and the petitioner and
respondent may appear and be heard in the High Court in person or by advocate or
vakil.
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32. High Court may refer case to Judge for additions or alterations
If the High Court shall not be satisfied that the statements contained in the case are
sufficient to enable it to determine the questions raised thereby, the High Court may
refer the case back to the Judge by whom it was stated, to make such additions thereto
or alterations therein as the High Court may direct in that behalf.
33. High Court may decide question raised, and Judge shall dispose of case
accordingly
It shall be lawful for the High Court, upon the hearing of any such case, to decide the
questions raised thereby, and to deliver its judgement thereon containing the grounds
on which such decision is founded;
and it shall send to the Judge by whom the case was stated a copy of such judgement
under the seal of the Court and the signature of the Registrar, and the Judge shall, on
receiving the same, dispose of the case conformably to such judgment.
34. Saving of Roman Catholic marriage
Nothing contained in this Act 8[***] shall be taken to render invalid any marriage of a
2[***] convert to Roman Catholicism if celebrated in accordance with the rules, rites,
ceremonies and customs of the Roman Catholic Church 9[***].
10[35. Extent of Act
This Act extends to 11[the whole of India 12[except the State of Jammu and Kashmir and
the Union territory of Manipur]].