Christian Law on Divorce :

Champappilly, Sebastian

Christian Law on Divorce : The Indian Divorce Act, 1869 as Amended By the Indian Divorce and the Marriage Laws (Amendment ) Act, 2001 / - Cochin : Southern Law Publishers; 2001. - 96p

includes index and biblioraphy

Preliminary Short title, commencement of the Act. Extent of Act Extent of power to grant relief generally, and to make decree of dissolution, or of nullity Interpretation-clause. Jurisdiction Matrimonial jurisdiction of High Courts to be exercised Subject to Act - Exception. Enforcement of decrees or orders made heretofore by Supreme Court or High Court. Pending suits. [Omitted] Extraordinary Jurisdiction of High Court. Power to transfer suits. Reference to High Court. Dissolution of Marriage Grounds for dissolution of marriage. 33 A Dissolution of marriage by mutual consent. 40 Adulterer or adulteress to be co-respondent. 41 Court to be satisfied of absence of collusion. 43 Dismissal of petition. 43 Power to Court to pronounce decree for dissolving marriage 43 Condonation. Relief in case of opposition on certain grounds. 45 Decrees for dissolution to be nisi. 46 Collusion. Power of High Court to remove certain suits. 47 Nullity of Marriage Petition for decree of nullity. 48 Grounds of decree. 48 Children of annulled marriage. 53 Judicial Separation Bar to decree for divorce a meansa et toro: but Judicial separation obtainable by husband or wife. 54 Application for separation made by petition. 55 Separated wife deemed spinster with respect to after- acquired property. 55 Separated wife deemed spinster for purposes of Contract and suing. 56 Reversal of Decree of Separation Decree of separation obtained during absence of husband or wife may be reversed. 56 Protection Orders Deserted wife may apply to Court for protection. 57 Court may grant protection-order. 57 Discharge or variation of orders. 58 Liability of husband seizing wife`s property after notice of order. 58 Wife`s legal position during continuance of order. 58 Restitution of Conjugal Rights Petition for restitution of conjugal rights. 58 Answer to petition. 61 Damages and Costs Alimony Alimony pendente life. 62 Power to order permanent alimony. Power to order monthly or weekly payments . 64 Court may direct payment of alimony to wife or to her trustee. 66 Settlements Inquiry into existence of ante-nuptial or post --nuptial settlements. Custody of children Power to make orders as to custody of children in suit for separation. Power to make such orders after decree. Power to make orders as to custody of children in suit for dissolution or nullity. Power to make such orders after decree or confirmation. 72 Procedure Code of Civil Procedure to apply. 72 Forms of petitions and statements. 73 Petition to state absence of collusion. 73 Statements to be verified. Suits on behalf of lunatics. 74 Suits by minors. 74 Service of petition. 74 Mode of taking evidence. 75 Competence of husband and wife to give evidence as to cruelty or desertion. 75 Power to close doors. 76 Power to adjourn. 76 Enforcement of, and appeal from, orders and decrees. 76 No appeal as to costs. Appeal to the Supreme Court. 79 Re-marriage Liberty to parties to marry again. 79 English clergyman not compelled to solemnize marriages 80 of persons divorced for adultery. English Minister refusing to perform ceremony to permit use of his Church. Miscellaneous . Decree for separation or protection-order valid as to persons dealing with wife before reversal. 81 Indemnity of persons making payment to wife without notice of reversal of decree or protection-order.

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G58.9 / C357

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