Section 60 in Indian Divorce Act
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--
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(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).
In this Act, unless there is anything repugnant in the subject or context,
(1) "Code" includes rules;
(2) "decree" means the formal expression of an adjudication which, so far as regards the Court expressing it, conclusively determines the rights of the parties with regard to all or any of the matters in controversy in the suit and may be either preliminary or final. It shall be deemed to include the rejection of a plaint and the determination of any question within 1*** section 144, but shall not include
(a) any adjudication from which an appeal lies as an appeal from an order, or
(b) any order of dismissal for default.
Explanation.A decree is preliminary when further proceedings have to be taken before the suit can be completely disposed of. It is final when such adjudication completely disposes of the suit. It may be partly preliminary and partly final;
(3) "decree-holder" means any person in whose favour a decree has been passed or an order capable of execution has been made;
(4) "district" means the local limits of the jurisdiction of a principal Civil Court of original jurisdiction (hereinafter called a District Court), and includes the local limits of the ordinary original civil jurisdiction of a High Court;
[2(5) "foreign Court" means a Court situate outside India and not established or continued by the authority of the Central Government;]
(6) "foreign judgment" means the judgment of a foreign Court;
(7) "Government Pleader" includes any officer appointed by the State Government to perform all or any of the functions expressly imposed by this Code on the Government Pleader and also any pleader acting under the directions of the Government Pleader;
(7A) "High Court" in relation to the Andaman and Nicobar Islands, means the High Court in Calcutta;
(7B) "India", except in sections 1, 29, 43, 44, 4 [44A,] 78, 79, 82, 83 and 87A, means the territory of India excluding the State of Jammu and Kashmir;]
(8) "Judge" means the presiding officer of a Civil Court;
(9) "judgment" means the statement given by the Judge of the grounds of a decree or order;
(10) "judgment-debtor" means any person against whom a decree has been passed or an order capable of execution has been made;
(11) "legal representative" means a person who in law represents the estate of a deceased person, and includes any person who intermeddles with the estate of the deceased and where a party sues or issued in a representative character the person on whom the estate devolves on the death of the party so suing or sued;
(12) "mesne profits" of property means those profits which the person in wrongful possession of such property actually received or might with ordinary diligence have received therefrom, together with interest on such profits, but shall not include profits due to improvements made by the person in wrongful possession;
(13) "movable property" includes growing crops;
(14) "order" means the formal expression of any decision of a Civil Court which is not a decree;
(15) "pleader" means any person entitled to appear and plead for another in Court, and includes an advocate, a vakil and an attorney of a High Court;
(16) "prescribed" means prescribed by rules;
(17) "public officer" means a person falling under any of the following descriptions, namely:
(a) every Judge;
(b) every member of 5 [an All-India Service];
(c) every commissioned or gazetted officer in the military 6 [naval or air] forces of7 [the Union] 8 *** while serving under the Government;
(d) Every officer of a court of Justice whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order, in the Court, and every person especially authorised by a court of Justice to perform any of such duties;
(e) every person who holds any office by virtue of which he is empowered to place or keep any person in confinement;
(f) every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience;
(g) every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue process, or to investigate, or to report on, any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; and
(h) every officer in the service or pay of the Government, or remunerated by fees or commission for the performance of any public duty;
(18) "rules" means rules and forms contained in the First Schedule or made under section 122 or section 125;
(19) "share in a corporation" shall be deemed to include stock, debenture stock, debentures or bonds; and
(20) "signed", save in the case of a judgment or decree, includes stamped.
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1. The words and figures "section 47 or" omitted by s. 3, ibid., (w.e.f. 1-2-1977).
2. Subs. by Act 2 of 1951, s. 4 for clause (5).
3. Ins. by s. 4 ibid(w.e.f. 1-4-1951).
4. Ins. by Act 42 of 1953, s. 4 and the Third Schedule.
5. Subs. by Act 104 of 1976, s. 3, for "the Indian Civil Service" (w.e.f. 1-2-1977).
6. Subs. by Act 35 of 1934, s. 2 and the Sch., for "or naval".
7. Subs. by the A.O. 1950, for "his Majesty".
8. The words "including His Majesty's Indian Marine Service" omitted by Act 35 of 1934, s. 2 and the Schedule.
9. Clause (21) omitted by Act 2 of 1951, s. 4 earlier Clause (21) ins. by the A.O. 1950.