Section 59 in Indian Divorce Act
Title: English Minister refusing to perform ceremony to permit use of his Church
When any Minister of any Church or Chapel of the said 1 *** Church refuses to perform such marriage-service between any persons who but for such refusal would be entitled to have the same service performed in such Church or Chapel, such Minister shall permit any other Minister in Holy Orders of the said Church, entitled to officiate within the diocese in which such Church or Chapel is situate, to perform such marriage-service in such Church or Chapel
1. The word "United" rep. by Act 12 of 1873, s. 1 and the Schedule.
Title: Decree for separation or protectionorder valid as to persons dealing with wife before reversal
Every decree for judicial separation or order to protect property, obtained by a wife under this Act shall, until reversed or discharged, be deemed valid, so far as necessary, for the protection of any person dealing with the wife.
No reversal, discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order, and of the reversal, discharge or variation thereof.
Indemnity of persons making payment to wife without notice of reversal of decree or protection order.-- All persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some time since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued,
unless, at the time of the payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation.
Title: Bar of suit for criminal conversation
After this Act comes into operation, no person competent to present a petition under sections 2 and 10 shall maintain a suit for criminal conversation with his wife.
Title: Power to make rules
The High Court shall make such rules under this Act as it may from time to time consider expedient, and may from time to time alter and add to the same:
Provided that such rules, alterations and additions are consistent with the provisions of this Act and the 1[Code of Civil Procedure, 1908 (5 of 1908)].
All such rules, alteration and additions shall be published in the Official Gazette.
1. Subs. by Act 51 of 2001, s. 31, for Code of Civil Procedure (w.e.f. 3-10-2001).
Title: Short title commencement and extent
(1)This Act may be cited as the Code of Civil Procedure,1908.
(2) It shall come into force on the first day of January, 1909.
1[(3) It extends to the whole of India except--
2* * * * *
(b) the State of Nagaland and the tribal areas :
Provided that the State Government concerned may, by notification in the Official Gazette, extend the provisions of this Code or any of them to the whole or part of the State of Nagaland or such tribal areas, as the case may be, with such supplemental, incidental or consequential modifications as may be specified in the notification.
Explanation.-- In this clause, "tribal areas" means the territories which, immediately before the 21st day of January, 1972, were included in the tribal areas of Assam as referred to in paragraph 20 of the Sixth Schedule to the Constitution.
(4)In relation to the Amindivi Islands, and the East Godavari, West Godavari and Visakhapatnam Agencies in the State of Andhra Pradesh and the Union Territory of Lakshadweep, the application of this Code shall be without prejudice to the application of any rule or regulation for the time being in force in such Islands, Agencies or such Union Territory, as the case may be, relating to the application of this Code.]
1. Subs. by Act 104 of 1976, s. 2, for sub-section (3) (w.e.f. 1-2-1977).
2. Clause (a) omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10- 2019).