Section 3 in Indian Divorce Act 1869

Title: Interpretation clause

Description: In this Act, unless there be something repugnant in the subject or context, - 1[(1) "High Court".-- "High Court" means with reference to any area:-- (a) in a State, the High Court for that State; 2[(b) in Delhi, the High Court of Delhi; (bb) in Himachal Pradesh, the High Court of Punjab and Haryana up to and inclusive of the 30th April, 1967 and the High Court of Delhi thereafter]; (c) in Manipur and Tripura, the High Court of Assam; (d) in the Andaman and Nicobar Islands, the High Court at Calcutta; (e) in 3[Lakshadweep], the High Court of Kerala; 4[(ee) in Chandigarh, the High Court of Punjab and Haryana]; and in the case of any petition under this Act, "High Court" means the High Court for the area where the husband and wife reside or last resided together; 5[(2) "District Judge" means a Judge of a principal civil court of original jurisdiction however designated]: (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, 6[or of whose jurisdiction under this Act the marriage was solemnized or] the husband and wife reside or last resided together; (4) "Court" means the High Court or the District Court, as the case may be; (5) "minor children" means, in the case of sons of Native fathers, boy, who have not completed the age of sixteen years, and, in the case of daughters of Native fathers, 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; 7**** * 8* * * ** (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 9[India] 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 administratrix. 1. Subs. by Adaption of Laws (No. 2) 1956, for clause (1). 2. Subs. by the Himachal Pradesh (Adaptation of Laws on State and Concurrent Subjects) Order, 1968, for sub-clause (b) (w.e.f. 1-11- 1966). 3. Subs. by the Laccadive, Minicoy and Amindivi Islands (Alteration of Name) Adaptation of Laws Order, 1974, for "the Laccadive, Minicoy and Amindivi Islands" (w.e.f. 1-11-1973). 4. Ins. by the Punjab Reorganisation (Chandigarh) (Adaptation of Laws on State and Concurrent Subjects) Order, 1968 (w.e.f. 1-11-1966). 5. Subs. by A.O. 1950, for clause (2). 6. Subs. by Act 51 of 2001, s. 3, for "or of whose jurisdiction under this Act" (w.e.f. 3-10-2001). 7. Clause (6) omitted by Act 51 of 2001, s. 3 (w.e.f. 3-10-2001). 8. Clause (7) omitted by s. 3, ibid, (w.e.f. 3-10-2001). 9. Subs. by the A.O. 1950, for "the dominions of Her Majesty".

Title: Matrimonial jurisdiction of High Courts to be exercised subject to Act Exception

Description: The jurisdiction now exercised by the High Courts 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; except so far as relates to the granting of marriage-licenses, which may be granted as if this Act had not been passed.

Title: Enforcement of decrees or orders made heretofore by Supreme or High Court

Description: Any decree or order of the late Supreme Court of Judicature at Calcutta, Madras or Bombay sitting on the ecclesiastical side, or of any of the said High Courts sitting in the exercise of their matrimonial jurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by the said High Courts, respectively, as hereinafter mentioned, in like manner as if such decree or order had been originally made under this Act by the Court so enforcing or dealing with the same.

Title: Pending suits

Description: All suits and proceedings in causes and matters matrimonial, which when this Act comes into operation are pending in any High Court, shall be dealt with and decided by such court, so far as may be, as if they had been originally instituted therein under this Act.

Title: Omitted

Description: [Court to act on principles of English Divorce Court.]––Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001), s. 4 (w.e.f. 3-10-2001).