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CONVERTS' MARRIAGE DISSOLUTION ACT

Ministry of Law and Justice

Act nº 21 of 1866


  • Schedules
  • Act nº 21 of 1866

Preamble

THE CONVERTS MARRIAGE DISSOLUTION ACT, 1866

[Act, No. 21 of 1866]

{The Act has not been extended to the State of Manipur, vice Act, 30 of 1950, section 3(2) and Schedule}

[2nd April, 1866]

PREAMBLE

An Act to legalize, under certain circumstances, the dissolution of marriages {The word native omitted by the A.O.1950.} of Converts to Christianity.

WHEREAS it is expedient to legalize, under certain circumstances, the dissolution of marriages of { The word " Native" omitted by the A.O.1950.} Converts to Christianity deserted or repudiated on religious grounds by their wives or husbands; It is enacted as follows:--

Section 1. Short title

This Act may be cited as the {'The word "Native" omitted by the A.O.1950.} Converts' Marriage Dissolution Act, 1866.

Section 2. Commencement of Act [Repealed]

Repealed by the Repealing Act, 1874 (16 of 1874), section 1 and Schedule I.

Section 3. Interpretation-clause

In this Act--

Husband..--

{' The word " Native " omitted by the A.O.1950.} husband " shall mean a married man domiciled in {Subs. by the A.O.1950, for " the Provinces " which had been subs. by the A.O.1948, for "British India".} [India], who shall have completed the age of sixteen years, and shall not be a Christian, a Muhammadan nor a Jew :

Wife.--

"{' The word " Native " omitted by the A.O.1950.} wife " shall mean a married woman domiciled in {Subs.by the A.O.1950, for " the Provinces " which had been subs. by the A.O.1948, for "British India".} [India], who shall have completed the age of thirteen years, and shall not be a Christian, a Muhammadan nor a Jewess :

Personal law..--

"{ Subs.by the A.O.1950 for "Native law".} [Personal law]" shall mean any law, or custom having the force of law, of any persons domiciled in { Subs.by the A.O.1950, for " the Provinces " which had been subs.by the A.O.1948, for "British India".} [India] other than la Christians, Muhammadans and Jews:

Month and year.--

"Month" and " year " shall respectively mean month and year according to the British calendar:

{The paragraph relating to "Number" rep.by Act 10 of 1914, s.3 and Sch.II, and the definition of "High Court" rep. by the A.O.1937.}

Section 4. When convert deserted by his wife may sue for conjugal society

If a {'The word "Native" omitted by the A.O.1950.} husband change his religion for Christianity, and if in consequence of such change his {'The word "Native" omitted by the A.O.1950.} wife, for the space of six continuous months, desert or repudiate him, he may sue her for conjugal society.

Section 5. When convert deserted by her husband may sue

If a {The word "Native" omitted by the A.O.1950.} wife change her religion for Christianity, and if in consequence of such change her {The word "Native" omitted by the A.O.1950.} husband, for the space of six continuous months, desert or repudiate her, she may sue him for conjugal society.

Section 6. Court in which suit shall be brought

If the respondent, at the time of commencement of such suit, reside within the local limits of the ordinary original civil jurisdiction of any of the High Courts of Judicature, the suit shall be commenced in such Court; otherwise it shall be commenced in the principal Civil Court of original jurisdiction of the district in which the defendant shall reside at the commencement of the suit.

Section 7. Suit to be commenced by verified petition

The suit shall be commenced by a petition in the form in the d First Schedule to this Act, or as near thereto as the circumstances of the case will allow.

The statements made in the petition shall be verified by the petitioner in the manner required by law for the verification of plaints; and the petition {The words "shall bear a stamp of two rupees, and" rep.by Act 7 of 1870, section 2, Schedule III, Pt. II.} may be amended by permission of the Court.

Section 8. On service of petition, citation to respondent

A copy of the petition shall be served upon the respondent, and the Court shall thereupon issue a citation under the seal of the Court and signed by the Judge.

Section 9. Form of citation

In ordinary cases the citation shall be in the form in the Second Schedule to this Act, or as near thereto as the circumstances of the case will allow.

But where the respondent is exempt by law from personal appearance in Court, or where the Judge shal so direct, the citation shall be in the form in the Third Schedule to this Act, or as near thereto as the circumstances of the case will allow.

Section 10. Service of citation

A copy of the citation sealed with the seal of the Court shall be served on the respondent; and the provisions of the Code of Civil Procedure as to the service and endorsement of summonses shall apply, mutatis mutandis, to citations under this Act.

Section 11. Penalty on respondent not obeying citation

If the respondent shall not obey such citation, and comply With every other requirement made upon her or him under the provisions of this Act, she or he shall be liable to punishment under section 174 of the Indian Penal Code.(43 OF 1860)

Section 12. Points to be proved on appearance of petitioner

On the day fixed in the citation the petitioner shall appear in Court, and the following points shall be proved:--

(1) the identity of the parties .

(2) the marriage between the petitioner and the respondent .

(3) that the male party to the suit has completed the age of sixteen years, and that the female party to the suit has completed the age of thirteen years .

(4) the desertion or repudiation of the petitioner by the respondent .

(5) that such desertion or repudiation was in consequence of the petitioner's change of religion .

(6) and that such desertion or repudiation had continued for the six months immediately before the commencement of the suit.

Section 13. First interrogation of respondent

The respondent, if such points be proved to the satisfaction of the Judge, shall thereupon be asked whether she or he refuses to cohabit with the petitioner, and, if so, what is the ground of such refusal.

In ordinary cases such interrogation and every other interrogation prescribed by this Act shall be made by the Judge, but when the respondent is exempt by law from personal appearance in Court, or when the Judge shall, in his discretion, excuse the respondent from such appearance, the interrogations shall be made by Commissioners acting under such commission as hereinafter mentioned.

Section 14. Interrogation by Judge may be public or private

Every interrogation mentioned in this Act and made by the Judge may, at the discretion of the Judge, take place in open Court, or in his private room.

If any such interrogation take place in open Court, the Judge may, so long as it shall continue, exclude from the Court all such persons as he shall think fit to exclude.