1. Short title. Commencement of Act.—This Act may be called the 3*** Divorce Act, and shall
come into operation on the first day of April, 1869.
2. Extent of Act.—4
[This Act extends to 5
[the whole of India 6
[except the state of Jammu and
Kashmir*]].]
Extent of power to grant relief generally.— 7
[Nothing hereinafter contained shall
authorise any Court to grant any relief under this Act except where the petitioner 8
[or
respondent] professes the Christian religion,
and to make decrees of dissolution.—or to make decrees of dissolution of marriage except where
the parties to the marriage are domiciled in India at the time when the petition is presented,
or of nullity.—or to make decrees of nullity of marriage except where the marriage has
been solemnized in India and the petitioner is resident in 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.]
3.Interpretation-clause.—In this Act, unless there be something repugnant in the subject or
context,—
9
[(1) “High Court”.—“High Court” means with reference to any area:—
(a)in a State, the High Court for that State;
10[(b)in Delhi, the High Court of Delhi;
(bb)in Himachal Pradesh, the High Court of Punjab and Haryana up to and inclusive of the
30th April, 1967 and the High Court of Delhi thereafter;]
(c) in Manipur and Tripura, the High Court of Assam;
(d) in the Andaman and Nicobar Islands, the High Court at Calcutta;
(e) in11[Lakshadweep], the High Court of Kerala;
12[(ee) in Chandigarh, the High Court of Punjab and Haryana;]
1. For Statement of Objects and Reasons, see Calcutta Gazette, 1863, p. 173; for Report of Select Committee, see Gazette of India, 1869, p.
192; for Proceedings in Council, see Calcutta Gazette, 1862, Supplement, p. 463, ibid., 1863, Supplement, p. 43, and Gazette of India,
1869, Supplement, p. 291.
2. The words “in India” omitted by Act of 1951, s. 3 and the Schedule.
3. The word “Indian” omitted by Act 51 of 2001, s. 2 (w.e.f. 3-10-2001).
4. Subs. by A.O. 1948, for first paragraph
5. Subs by A.O. 1950, for certain words.
6. Subs. by Act 3 of 1951, s. 3 and the Schedule, for “except Part B States”.
8. Subs. by Act 25 of 1926, s. 2, for paras. 2, 3 and 4.
9. Ins. by Act 30 of 1927, s. 2.
10. Subs. by Adaption of Laws (No. 2) 1956, for clause (1).
11. Subs. by the Himachal Pradesh (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, for sub-clause (b) (w.e.f. 1-11-
1966).
12. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, for “the Laccadive,
Minicoy and Amindivi Islands” (w.e.f. 1-11-1973).
13. Ins. by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968 (w.e.f. 1-11-1966).
*.Vide Notification No. S.O. 3912 (E), dated 30th October, 2019, this Act is made applicable to the Union territory of Jammu and Kashmir
and the Union territory of Ladakh.
6
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;]
1
[(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, 2
[or of whose jurisdiction under this Act
the marriage was solemnized or] the husband and wife reside or last resided together;
(4) “Court” means the High Court or the District Court, as the case may be;
(5) “minor children” means, in the case of sons of Native fathers, boys, who have not completed
the age of sixteen years, and, in the case of daughters of Native fathers, girls who have not completed
the age of thirteen years; In other cases it means unmarried children who have not completed the age
of eighteen years;
3
[* * * * *]
4
[* * * * *]
(8) “marriage with another woman” means marriage of any person, being married, to any other
person, during the life of the former wife, whether the second marriage shall have taken place
within 5
[India] or elsewhere;
(9) “desertion”, implies an abandonment against the wish of the person charging it; and
(10) “property” includes in the case of a wife, any property to which she is entitled for an estate in
remainder or reversion or as a trustee, executrix or administratrix; and the date of the death of the
testator or intestate shall be deemed to be the time at which any such wife becomes entitled as
executrix or administratrix.