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The Divorce Act, 1869

Act No. IV of 1869
Date of Assent: 26th February, 1869
Status: Active

Preamble

An Act to amend the law relating to Divorce and Matrimonial Causes.

WHEREAS it is expedient to amend the law relating to the divorce of persons professing the Christian religion, and to confer upon certain Courts jurisdiction in matters matrimonial; It is hereby enacted as follows:

Chapter I - Preliminary

Section 1 - Short Title and Commencement

This Act may be called the Divorce Act, and shall come into operation on the first day of April, 1869.

Section 2 - Extent of Act

This Act extends to the whole of Bangladesh.

Section 3 - Interpretation Clause

In this Act, unless there be something repugnant in the subject or context:

(2) "District Judge" means a Judge of a Principal Civil Court of a district.

(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, or of whose jurisdiction under this Act, the husband and wife reside or last resided together.

(4) "Court" means the High Court Division or the District Court, as the case may be.

(5) "Minor children" means, in the case of sons of fathers domiciled in Bangladesh, boys who have not completed the age of sixteen years, and, in the case of daughters of fathers domiciled in Bangladesh, girls who have not completed the age of thirteen years.

Chapter II - Jurisdiction

Section 4 - Matrimonial Jurisdiction of High Court Division

The jurisdiction now exercised by the High Court Division 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.

Section 7 - Court to Act on Principles of English Divorce Court

Subject to the provisions contained in this Act, the High Court Division and District Courts shall, in all suits and proceedings hereunder, act and give relief on principles and rules which, in the opinion of the said Courts, are as nearly as may be conformable to the principles and rules on which the Court for Divorce and Matrimonial Causes in England for the time being acts and gives relief.

Chapter III - Dissolution of Marriage

Section 10 - When Husband May Petition for Dissolution

Any husband may present a petition to the District Court or to the High Court Division, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.

When Wife May Petition for Dissolution: Any wife may present a petition to the District court or to the High Court Division, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband has: - Exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman - Been guilty of incestuous adultery - Been guilty of bigamy with adultery - Been guilty of marriage with another woman with adultery - Been guilty of rape, sodomy or bestiality - Been guilty of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro - Been guilty of adultery coupled with desertion, without reasonable excuse, for two years or upwards

Section 11 - Adulterer to be Co-respondent

Upon any such petition presented by a husband, the petitioner shall make the alleged adulterer a co-respondent to the said petition, unless he is excused from so doing on specified grounds to be allowed by the Court.

Section 12 - Court to be Satisfied of Absence of Collusion

Upon any such petition for the dissolution of a marriage, the Court shall satisfy itself, so far as reasonable can, not only as to the facts alleged, but also whether or not the petitioner has been in any manner accessory to, or conniving at the going through of the said form of marriage, or the adultery, or has condoned the same.

Chapter IV - Nullity of Marriage

Section 18 - Petition for Decree of Nullity

Any husband or wife may present a petition to the District Court or to the High Court Division, praying that his or her marriage may be declared null and void.

Section 19 - Grounds of Decree

Such decree may be made on any of the following grounds: 1. That the respondent was impotent at the time of the marriage and at the time of the institution of the suit 2. That the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity 3. That either party was a lunatic or idiot at the time of the marriage 4. That the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force

Chapter V - Judicial Separation

Section 22 - Bar to Decree for Divorce a Mensa et Toro

No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion without reasonable excuse for two years or upwards.

Section 23 - Application for Separation Made by Petition

Application for judicial separation on any one of the grounds aforesaid may be made by either husband or wife by petition to the District Court or the High Court Division.

Chapter VI - Protection Orders

Section 27 - Deserted Wife May Apply to Court for Protection

Any wife may, when deserted by her husband, present a petition to the District Court or the High Court Division, at any time after such desertion, for an order to protect any property which she may have acquired or may acquire against her husband or his creditors.

Section 28 - Court May Grant Protection-Order

The Court, if satisfied of the fact of such desertion, and that the same was without reasonable excuse, and that the wife is maintaining herself by her own industry or property, may make and give to the wife an order protecting her earnings and other property from her husband and all creditors and persons claiming under him.

Chapter VII - Restitution of Conjugal Rights

Section 32 - Petition for Restitution of Conjugal Rights

When either the husband or the wife has, without reasonable excuse withdrawn from the society of the other, either wife or husband may apply, by petition to the District Court or the High Court Division, for restitution of conjugal rights.

Chapter IX - Alimony

Section 36 - Alimony Pendente Lite

In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection, the wife may present a petition for alimony pending the suit.

Section 37 - Power to Order Permanent Alimony

The High Court Division may, if it thinks fit, on any decree absolute declaring a marriage to be dissolved, or on any decree of judicial separation obtained by the wife, order that the husband shall, to the satisfaction of the Court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as having regard to her fortune (if any), to the ability of the husband, and to the conduct of the parties, it thinks reasonable.

Chapter XI - Custody of Children

Section 41 - Power to Make Orders as to Custody of Children in Suit for Separation

In any suit for obtaining a judicial separation the Court may from time to time, before making its decree, make such interim orders, and may make such provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children.

Chapter XII - Procedure

Section 45 - Code of Civil Procedure to Apply

Subject to the provisions herein contained, all proceedings under this Act between party and party shall be regulated by the Code of Civil Procedure.

Section 47 - Petition to State Absence of Collusion

Every petition under this Act for a decree of dissolution of marriage or of nullity of marriage, or of judicial separation shall state that there is not any collusion or connivance between the petitioner and the other party to the marriage.

Historical Context

This Act was enacted to provide a comprehensive legal framework for Christian marriages, divorces, and related matrimonial matters in colonial India. It established procedures for:

  • Dissolution of marriage
  • Nullity of marriage
  • Judicial separation
  • Protection orders for deserted wives
  • Restitution of conjugal rights
  • Alimony and maintenance
  • Custody of children

Current Application

This Act continues to govern Christian marriage and divorce proceedings in Bangladesh, providing the legal framework for matrimonial disputes within the Christian community.

The Act establishes important principles including: - Grounds for divorce and separation - Protection of women's rights - Provisions for children's welfare - Court procedures for matrimonial cases - Financial support obligations

Source: Bangladesh Laws - Ministry of Law, Justice and Parliamentary Affairs
Available at: http://bdlaws.minlaw.gov.bd/act-details-20.html