4. 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-licenses, which may be granted as if this Act had not been passed.
5. 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been originally made under this Act by the Court so enforcing or dealing with the same.
6. 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 by such
court, so far as may be, as if they had been originally instituted therein under this Act.
7. [Court to act on principles of English Divorce Court].—[Omitted by the IndianDivorce
(Amendment) Act,2001 (51 of 2001), s. 4 (w.e.f. 3-10-2001).]
8. 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.
1. Subs. by A.O. 1950, for clause (2).
2. Subs. by Act 51 of 2001, s. 3, for “or of whose jurisdiction under this Act” (w.e.f. 3-10-2001).
3. Clause (6) omitted by Act 51 of 2001, s. 3 (w.e.f. 3-10-2001).
4. Clause (7) omitted by s. 3 ibid,(w.e.f. 3-10-2001).
5. Subs. by the A.O. 1950, for “the dominions of Her Majesty”.
7
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.
9. Reference to High Court.—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.