Last Change:

12/29/2024

The Divorce Act

Year: 1869

Type: Domestic law

Rights Category: Social protection, Family life, Documentation

Description

The Divorce Act of 1869 governs the divorce of persons professing the Christian religion, and to confer upon certain Courts jurisdiction in matrimonial matters.

Selected provisions
Section 2: Extent of Act

This Act extends to the whole of Bangladesh.

Extent of power to grant relief generally and to make decrees of dissolution, or of nullity

Nothing hereinafter contained shall authorise any Court to grant any relief under this Act except where the petitioner or respondent professes the Christian religion,
or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in Bangladesh at the time when the petition is presented,
or to make decrees of nullity of marriage except where the marriage if solemnized, before the 26th day of March, 1971, has been solemnized in Pakistan and if solemnized on or after that date has been solemnized in Bangladesh and the petitioner
is resident in Bangladesh at the time of presenting the petition, or to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage, except where the petitioner resides in Bangladesh at the time of presenting the petition:
Provided that nothing in this paragraph shall be deemed to authorize any Court to grant any relief under this Act where the petitioner or respondent is a Muslim.

Section 3: Interpretation-clause

In this Act, unless there be something repugnant in the subject or context, -
(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: in other cases it means unmarried children who have not completed the age of eighteen years:
(6) "incestuous adultery" means adultery committed by a husband with a woman with whom, if his wife were dead, he could not lawfully contract marriage by reason of her being within the prohibited degrees of consanguinity (whether natural or legal) or affinity:
(7) “bigamy with adultery” means adultery with same woman with whom the bigamy was committed:
(8) “marriage with another woman” means marriage of any person, being married, to any other person, during the life of the former wife, whether the second marriage shall have taken place within Bangladesh or elsewhere:
(9) “desertion” implies an abandonment against the wish of the person charging it: and
(10) "property" includes, in the case of a wife, any property to which she is entitled for an estate in remainder or reversion, or as a trustee, executrix or administratrix; and the date of the death of the testator or intestate shall be deemed to be the time at which any such wife becomes entitled as executrix or adminstratrix.

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:
Provided that nothing in this section shall deprive the said Courts of jurisdiction in a case where the parties to a marriage professed the Christian religion at the time of the occurrence of the facts on which the claim to relief is founded.

Section 8: Extraordinary jurisdiction of High Court Division

The High Court Division 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 the Act.

Power to transfer suits

The High Court Division may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the Court of any other such District Judge.

Section 9: Reference to High Court Division

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 Division.
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 Division 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 Division upon such reference.

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.

Contents of petition

Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded.

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;
or has been guilty of incestuous adultery,
or of bigamy with adultery,
or of marriage with another woman with adultery,
or of rape, sodomy or bestiality,
or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce mensa et toro,
or of adultery coupled with desertion, without reasonable excuse, for two years or upwards.

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