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Thursday, April 11

Applicability of Indian Divorce Act, 1869



Indian Divorce Act, 1869 was passed with object ‘to amend the law relating to the divorce of persons professing the Christian religion, and to confer upon certain Courts jurisdiction in matters matrimonial’


Section 2 prescribes about the extent of the Act. To put in simple terms, the Indian Divorce Act, 1869 applies:

(i)      Where a petitioner or respondent professes the Christian religion, or

(ii)     The parties to the marriage are domiciled in India at the time when the petition is presented, to make decrees of dissolution of marriage, or

(iii)    Marriage has been solemnized in India and the petitioner is resident in India at the time of presenting the petition, to make decrees of nullity of marriage, or

(iv)    Where the petitioner resides in India at the time of presenting the petition,  to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage.


Thus the law contained in Indian Divorce Act, 1869 is the:

-   Law governing divorce of person professing Christian religion. 

-  Law governing the parties to the marriage who are domiciled in India [off course who are not governed by any other law in India e.g. Hindu Marriage Act, 1955] at the time when the petition is presented,  to make decrees of dissolution of marriage.

-   Law governing when the petitioner is resident in India and marriage has been solemenized in India  [off course who are not governed by any other law in India e.g. Hindu Marriage Act, 1955] to make decrees of nullity of marriage.

-    Law governing the petitioner who resides in India [off course who are not governed by any other law in India e.g. Hindu Marriage Act, 1955], to grant any relief under Indian Divorce Act, 1869 other than a decree of dissolution of marriage or of nullity of marriage