Divorce Act,1869

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    THE DIVORCE ACT 
 
              
 
 
 
 
        CONTENTS 
 
I.—PRELIMINARY 
1. Short title, Commencement of Act 
 
2. Extent of Act 
 Extent of power to grant relief generally, and to make decrees of dissolution, or of nullity 
3. Interpretation­clause 
________ 
 
II.—JURISDICTION 
4. [Omitted] 
5. [Omitted] 
6. [Omitted] 
7. [Omitted] 
8. [Omitted] 
9. [Omitted] 
________ 
 
III.—DISSOLUTION OF MARRIAGE 
 
10. When husband may petition for dissolution  
 When wife may petition for dissolution 
 Contents of petition 
 
11. Adulterer to be co­respondent 
12. Court to be satisfied of absence of collusion 
13. Dismissal of petition 
14. Power to Court to pronounce decree for dissolving marriage  
 Condonation 
15. Relief in case of opposition on certain grounds 
16. [Omitted] 
17. [Omitted] 
17A. [Omitted]                                       
________ 
 
 
 

 
              
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IV.—NULLITY OF MARRIAGE 
 
18. Petition for decree of nullity 
19. Grounds of decree   
20. [Omitted] 
21. Children of annulled marriage 
________ 
 
V.—JUDICIAL SEPARATION 
 
22. Bar to decree for divorce a mensa et toro but judicial separation obtainable by husband or 
 wife 
23. Application for separation made by petition 
24. Separated wife deemed spinster with respect to after acquired property 
25. Separated wife deemed spinster for purposes of contract and suing 
 
REVERSAL OF DECREE OF SEPARATION 
 
26. Decrees of separation obtained during absence of husband or wife may be reversed 
________ 
 
VI.— PROTECTION-ORDERS 
 
27. Deserted wife may apply to Court for protection 
28. Court may grant protection­order 
29. Discharge or variation of orders 
30. Liability of husband seizing wife's property after notice of order 
31. Wife's legal position during continuance of order 
 
VII.—RESTITUTION OF CONJUGAL RIGHTS 
 
32. Petition for restitution of conjugal rights 
33. Answer to petition 
________ 
 
VIII.—DAMAGES AND COSTS 
 
34. Husband may claim damages from adulterer 
35. Power to order adulterer to pay costs 
 Power to order litigious intervenor to pay costs 
________ 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
              
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IX.—ALIMONY 
 
 
36. Alimony pendente lite 
37. Power to order permanent alimony 
 Power to order monthly or weekly payments 
38. Court may direct payment of alimony to wife or to her trustee 
________ 
 
X.—SETTLEMENTS 
 
39. Power to order settlement of wife's property for benefit of husband and children 
 Settlement of damages 
40. Inquiry into existence of ante­nuptial or post-nuptial settlements 
________ 
 
XI.—CUSTODY OF CHILDREN 
 
41. Power to make orders as to custody of children in suit for seperation 
42. Power to make such orders after decree 
43. Power to make orders as to custody of children in suits for dissolution or nullity 
44. Power to make such orders after decree 
________ 
 
XII.—PROCEDURE 
 
45. Code of Civil Procedure to apply 
46. Forms of petitions and statements 
47. Stamp on petition. Petition to state absence of collusion  
 Statements to be verified 
48. Suits on behalf of lunatics 
49. Suits by minors 
50. Service of petition 
51. Mode of taking evidence 
52. Competence of husband and wife to give evidence as to cruelty or desertion 
53. Power to close doors 
54. Power to adjourn 
55. Enforcement of and appeals from orders and decrees  
 No appeals as to costs 
56. [Omitted] 
 
________ 
 
 
 
 
 
 
              
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XIII.—RE-MARRIAGE 
 
57. Liberty to parties to marry again 
58. English clergyman not compelled to solemnize marriages of persons divorced for adultery 
59. English minister refusing to perform ceremony to permit use of his church 
 
________ 
 
 
XIV.—MISCELLANEOUS 
 
60. Decree for separation or protection order valid as to persons dealing with wife before 
 reversal 
 Indemnity of persons making payment to wife without notice of reversal of decree or 
 protection­order 
61. Bar of suit for criminal conversation 
62. Power to make rules 
________ 
 
SCHEDULE OF FORMS
 
              
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THE DIVORCE ACT 
 
ACT No. IV OF 1869 
 
                            [26th February, 1869] 
 
An Act to amend the law relating to Divorce and Matrimonial Causes 1[* *] 
 
 Preamble. WHEREAS it is expedient to amend the law relating to the divorce of persons 
professing the Christian religion, and to confer upon certain Cou rts jurisdiction in matters 
matrimonial ; It is hereby enacted as follows :― 
 
I.—PRELIMINARY 
 
 1. Short title. Commence ment of Act. This Act may be called the 1[*] Divorce Act, and 
shall come into operation on the first day of April, 1869. 
 
 2. Extent of Act. 2[This Act extends to the whole of Pakistan.]           
           Extent of power to grant relief generally, and to make decrees of dissolution, or of      
nullity.  3[Nothing hereinafter contained shall authorise any Court to grant any relief under this Act 
except where the petitioner 4[or respondent] professes the Christian religion, 
 
or to make decrees of dissolution of marriage except where the parties to the marriage are 
domiciled in 1[Pakistan] at the time when the petition is presented, 
 
5[or to make decrees of nullity of marriage except where the marriage if solemnized before 
the 15th day of August, 1947, has been solemnized in India and if solemnized on or after that date 
has been solemnized in Pakistan and the petitioner is resident in Pakist an 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 1[Pakistan] at the time of presenting the 
petition.] 
 
3. In terpretation-clause. In this Act, unless there be something repugnant in the subject or 
context,― 
 
 6[ 7[*           *              *       *        *         *           *]  
 
 (2)  ‘Court of Civil Judge ’. “Court of Civil Judge” means, in the case of any p etition under 
this Act, the Court of the Civil Judge within the local limits of whose ordinary jurisdict ion the 
husband and wife reside or last resided together ;  
 
            (3) ‘Court’. “Court” means the High Court, the District Court or the Court of Civil Judge, as 
the case may be ;]] 
 
            
 
 
 
1Omitted by A. O., 1949, Sch. 
2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3 and Sch. 2 (w. e.  f. the 14th October, 1955). 
3Subs. by Act No. XXV of 1926.  
4Ins. by Act No. XXX of 1927, s. 2. 
5Subs. by Act No. LVII of 1950, s. 2. (w. e. f. 15th day of August, 1947). 
6Subs. by Act, 1975 (Act No. IV of 1976), s. 2. 
7Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (Ordinance No. XXVII of 1981), s. 3, Sch. II 
 
 
              
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             (5) “Minor children”. “minor children” means, in the case of sons of 1[Pakistani] fathers, 
boys who have not completed the age of sixteen years, and, in the case of daughters of 1[Pakistani] 
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 : 
   
 
 (6) “Incestuous adultery”.  “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 ”. “bigamy with adultery” means adultery with the same woman 
with whom the bigamy was committed : 
 
 (8) “Marriage with another woman ”. “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 2[Pakistan] or elsewhere : 
  
 (9) “Desertion.” “desertion” implies an abandonment against the wish of the person charging 
it : and 
 
 (10) “Property.” “property” includes, in the case of a wife, any property to which she is 
entitled for an estate in re mainder or re version, 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. 
________ 
 
 
 
II.—JURISDICTION 
 
 4. [Matrimonial Jurisdiction of High Courts to be exercised subject to Act. ] Omitted by the 
Divorce (Amdt.) Act, 1975 (IV of I976), s. 3. 
 
 5. [Enforcement of decrees or orders made heretofore by Supreme or High Court. ] Omitted 
by the Divorce (Amdt.) Act, 1975 (IV of 1976) s. 4. 
 
 6. [Pending suits.] Omitted by the Divorce (Amdt.) Act, 1975 (IV of 1976), s. 4. 
 
 7. [Court to act on principles of English Divorce Court. ] Omitted by the Federal Laws 
(Revision and Declaration) Ordinance, 1981 (XXVII of 1981), s. 3 and II Sch. 
 
 8. [Extraordinary Jurisdiction of High Court. ] Omitted by the Divorce (Amdt.) Act, 1975 (IV 
of 1976), s. 6. 
 
 9. [Reference to High Court.] Omitted by the Divorce (Amdt.) Act, 1975 (IV of 1976), s.7. 
 
 
___________ 
 
 
 
 
 
 
 
 
1Subs. by Act, 1975 (Act No. IV of 1976), s. 2. 
2Subs. by the Central Laws (Adaptation) Order, 1961 (President’s Order No. 1 of 1961), Art. 2 and Sch., (w. e. f. 23 March, 1956).  
 
 
 
 
              
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III.—DISSOLUTION OF MARRIAGE 
 
 10. When husband may petition for dissolution. Any husband may present a petition to the 
1[Court of Civil Judge] praying that his marriage may be dissolved on the ground that this wife has, 
since the solemnization thereof, been guilty of adultery. 
 
 When wife may petition for dissolution.  Any wife may present a petition to the 1[Court of 
Civil Judge] 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 wit hout adultery would have entitled her to a      
divorce a mensa et toro. 
 or of adultery coupled with desertion, without reasonable excuse, for two years or upwards. 
 
 Contents of petition.  Every such petition shall state, as distinctly as the nature of th e case 
permits, the facts on which the claim to have such marriage dissolved is founded. 
 
 11. Adulterer to be co -respondent. Upon any such petition presented by a husband, the 
petitioner shall make the alleged adulterer a co -respondent to the said petiti on, unless he is excused 
from so doing on one of the following grounds, to be allowed by the Court :― 
 
 (1) that the respondent is leading the life of a prostitute, and that the petitioner knows of no 
person with whom the adultery has been committed ; 
 
 (2) that the name of the alleged adulterer is unknown to the petitioner although he has made 
due efforts to discover it ; 
 
 (3) that the alleged adulterer is dead. 
 
 12. Court to be satisfied of absence of collusion. Upon any such petition for the dissoluti on 
of a marriage, the Court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, 
but also whether or not the petitioner has been in any manner accessory to, or conniving at, the going 
through of the said form of marriage, or  the adultery, or has condoned the same, and shall also 
inquire into any countercharge which may be made against the petitioner. 
 
13. Dismissal of petition. In case the Court, on the evidence in relation to any  such petition, 
is satisfied that the petition er’s case has not been proved, or is not satisfied that the alleged adultery 
has been committed,   
 
 or finds that the petitioner has, during the marriage, been accessory to, or conniving at, the 
going through of the said form of marriage, or the adultery  of the other party to the marriage, or has 
condoned the adultery complained of,  
 
 or that the petition is presented or prosecuted in collusion with either of the respondents. 
 
then and in any of the said cases the Court shall dismiss the petition. 
 
1[*  *  *  *  *  *  *] 
 
 1Subs. and omitted by Act, 1975 (Act No. IV of 1976), ss. 8 and 9. 
   
 
 
              
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 14. Power to Court to pronounce decree for dissolving marriage. In case the Court is 
satisfied on the evidence that the case of the petitioner has been proved, 
 
  and does not find that the petitioner has been in any manner accessory to, or conniving at, the 
going through of the said form of marriage, or the adultery of the other party to the marriage, or has 
condoned the adultery complained of, 
 
 or that the petition is presented or prosecuted in collusion with either of the respondents. 
 
  the Court shall pronounce a decree declaring such marriage to be dissolved 1[*   *   *] 
 
 Provided that the Court shall not be bound to pronounce such decree if it finds that the 
petitioner has, during the marriage, been guilty of adultery, 
 
 or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in 
presenting or prosecuting such petition, 
 
 or of cruelty towards the other party to the marriage, 
 
 or of having deserted or wilfully separated himself or herself from the other party before the 
adultery complained of, and without reasonable excuse. 
 
 or of such wilful neglect or misconduct of or towards the other party as has conduced to the 
adultery. 
 
 Condonation. No adultery shall be deemed to have been condoned within the meaning of 
this Act unless where conjugal co-habitation has been resumed or continued. 
 
 15. Relief in case of opposition on certain grounds. In any suit instituted for dissolution  of 
marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted 
by a husband, of his adultery, cruelty or desertion without reasonable excuse, or, in case of such a 
suit instituted by a wife, on the ground of her adultery and cruelty, the Court may in such suit give to 
the respondent, on his or her application, the same relief to which he or she would have been entitled 
in case he or she had presented a petition seeking such relief, and the respondent shall be comp etent 
to give evidence of or relating to such cruelty or desertion. 
 
  
 16. [Decrees for dissolution to be nisi. ] Omitted by the Divorce (Amdt.) Act, 1975 (IV of 
1976), s. 11. 
  
 17. [Confirmation of decree for dissolution by District Judge. ] Omitted by th e Divorce 
(Amdt.) Act 1975 (IV of 1976), s. 11. 
 
 17A. [Appointment of officer to exercise duties of King ’s Proctor.] Omitted by the Divorce 
(Amdt.) Act. 1975 (IV of 1976), s. 11. 
________ 
 
 
 
 
 
 
 
 
 
   
 
lOmitted by Act, 1975 (Act No. IV of 1976), s. 10. 
 
 
 
              
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IV.–– NULLITY OF MARRIAGE 
 
 
 18. Petition for decree of nullity. Any husband or wife may present a petition to the 1[Court 
of Civil Judge], praying that his or her marriage may be declared null and void. 
 
 
 19. Grounds of decrees. Such decree may be made on any of the following grounds :― 
 
 (1) that the respondent was impotent at the time of the marriage and at the time of the  
institution of the suit ; 
 
 (2) that the parties are within the prohibited degrees of consanguinity (whether natural or 
legal) or affinity ; 
 
 (3) that either party was a lunatic or idoit at the time of the marriage ; 
 
 (4) that the former husband or wife of either party was living at the time of the marriage, and 
the marriage with such former husband or wife was then in force. 
 
 Nothing in this section shall affect the jurisdiction of the 1[Court] to make decrees of nullity 
of marriage on the ground that the consent of either party was obtained by force or fraud. 
 
 20.  [Confirmation of District Judge’s decree.] Omitted by the Divorce (Amdt.) Act, 1975. (IV 
of 1976), s. 14. 
 
 21. Children of annulled marriage.  Where a marriage is annulled on the ground that a 
former husband or wife was living, and it is adjudged that the subsequent marriage was contracted in 
good faith and with the full belief of the parties that the former husband or wife was dead, or when a 
marriage is annulled on the ground of insanity, children begotten before the decree is made shall be 
specified in the decree, and shall be entitled to succeed, in the same mann er as legitimate children, to 
the estate of the parent who at the time of the marriage was competent to contract. 
________ 
 
 
V.—JUDICIAL SEPARATION 
 
 
 22. Bar to decree for divorce a mensa et toro but judicial separation obtainable by 
husband or wife. No decree shall hereafter be made for a divorce a mensa et toro, but the husband 
or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion 
without reasonable excuse for two years or upwards, and such decree shall h ave the effect of a 
divorce a mensa et toro under the existing law, and such other legal effect as hereinafter mentioned. 
 
 23. Application for separation made by petition. Application for judicial separation on any 
one of the grounds aforesaid may be made  by either husband or wife by peti tion to the 1[Court of 
Civil Judge] and the Court, on being satisfied of the truth of the statements made in such petition, 
and that there is no legal ground why the application should not be granted, may decree judicial 
separation accordingly. 
 
 24. Separated wife deemed  spinster with respect to after -acquired property. In every 
case of a judicial separation under this Act, the wife shall, from the date of the sentence, and whilst 
the separation continues, be considered a s unmarried with respect to property of every description 
which she may acquire, or which may come to or devolve upon her. 
 
 
1Subs. by Act, 1975 (Act No. IV of 1976), ss. 12, 13 and 15. 
 
  
 
              
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 Such property may be disposed of by her in all respects as an unma rried woman, and on her 
decease the same shall, in case she dies intestate, go as the same would have gone if her husband had 
been then dead : 
 
 Provided that, if any such wife again cohabits with her hus band, all such property as she may 
be entitled to when such cohabitation takes place shall be held to her separate use, subject, however, 
to any agreement in writing made between herself and her husband whilst separate. 
 
 25. Separated wife deemed spinster for purposes of contract and suing. In every case of a 
judicial separation under this Act, the wife shall whilst so separated, be considered as an unmarried 
woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil 
proceeding ; and her husband shall not be liable in respect of any contract, act or costs entered into, 
done, omitted or incurred by her during the separation : 
 
 Provided that where, upon any such judicial separation, ali mony has been decreed or ordered 
to be paid to the wife, and the same is not duly paid by the husband, he shall be liable for necessaries 
supplied for her use : 
 
 Provided also that nothing shall prevent the wife from joining, at any time during such 
separation, in the exercise of any joint power given to herself and her husband. 
 
 
REVERSAL OF DECREE OF SEPARATION 
 
 26. Decree of separation obtained during absence of husband or wife may be reversed. 
Any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of 
judicial separation bas been pronounce d, may, at any time thereafter, present a petition to the Court 
by which the decree was pronounced, praying for a reversal of such decree, on the ground that it was 
obtained in his or her absence, and that there was reasonable excuse for the alleged desert ion, where 
desertion was the ground of such decree. 
 
 The Court may, on being satisfied of the truth of the allegations of such petition, reverse the 
decree accordingly ; but such reversal shall not prejudice or affect the rights or remedies which any 
other person would have had, in case it had not been decreed, in respect of any debts, contracts or 
acts of the wife incurred, entered into or done between the times of the sentence of separation and of 
the reversal thereof. 
________ 
 
 
VI.—PROTECTION-ORDERS 
 
 27. Deserted wife may apply to Court for protection. Any wife to whom section 4 of the 
Indian Succession Act, 1865 ,1 (X of 1865 ), does not apply, may, when deserted by her husband, 
present a petition to the 2[Court of Civil Judge] at any time after such de sertion, for an order to 
protect any property which she may have acquired or may acquire, and any property of which she 
may have become possessed or may become possessed after such desertion, against her husband or 
his creditors, or any person claiming under him. 
 
 28. Court may grant protection-order. The Court, if satisfied of the fact of such desertion, 
and that the same was without reasonable excuse, and that the wife is maintaining herself by her own 
industry or property, may make and give to the wife an order protecting her earnings and other 
property from her husband and all creditors and persons claiming under him. Every such order shall 
state the time at which the desertion commenced, and shall, as regards all persons dealing with the 
wife in reliance thereon, be conclusive as to such time.  
 
 1Succession Act, 1925 (Act No. XXXIX of 1925). 
 2Subs. by Act, 1975 (Act No. IV of 1976), s. 15. 
 
              
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            29. Discharge or variation of orders. The husband or any creditor of, or person claiming 
under him, m ay apply to the Court by which such order was made for the discharge or variation 
thereof, and the Court, if the desertion has ceased, or if for any other reason it think fit so to do, may 
discharge or vary the order accordingly. 
 
 30. Liability of husband  seizing wife’s property after notice of order. If the husband, or 
any creditor of, or person claiming under, the husband, seizes or continues to hold any property of 
the wife after notice of any such order, he shall be liable, at the suit of the wife (whi ch she is hereby 
empowered to bring), to return or deliver to her the specific property, and also to pay her a sum equal 
to double its value. 
 
 31. Wife’s legal position dur ing continu ance of order. So long as any such order of 
protection remains in forc e, the wife shall be and be deemed to have been, during such desertion of 
her, in the like position in all respects, with regard to property and contracts and suing and being 
sued, as she would be under this Act if she obtained a decree of judicial separation. 
________ 
 
VII.—RESTITUTION OF CONJUGAL RIGHTS 
 
 32. Petition for restitution of conjugal rights. When either the husband or the wife has, 
wothout rea sonable excuse withdrawn from the society of the other, either wife or husband may 
apply, by petition to the l[Court of Civil Judge], for restitution of conjugal rights, and the Court, on 
being satisfied of the truth of the statements made in such petition, and that there is no legal ground 
why the application should not be granted, may decree restitution of conjugal rights accordingly. 
 
 33. Answer to petition. Nothing shall be pleaded in answer to a petition for restitution of 
conjugal rights which would not be ground for a suit for judicial separation or for a decree of nullity 
of marriage. 
______________ 
VIII.—DAMAGES AND COSTS 
 
 34. Husband may claim damages from adulterer. Any husband may, eithe r in a petition 
for dissolution o f marriage or for judicial separation, or in a petition to the l[Court of Civil Judge] 
limited to such object only, claim dam ages from any person on the ground of his having committed 
adultery with the wife of such petitioner.  
 
 Such petition shall be served on the alleged adulterer and the wife unless the Court dispenses 
with such service, or directs some other service to be substituted. 
 
 The damages to be recoverd on any such petition shall be ascertained by the said Court, 
although the respondents or either of them may not appear. 
 
 After the decision has been given, the Court may direct in what manner such damages shall 
be paid or applied.  
 
 35. Power to order adulterer to pay costs. Whenever in any petition presented by a 
husband, the alleged adulterer has been made a co -respondent, and the adultery has been established, 
the Court may order the co-respondent to pay the whole or any part of the cost of the proceedings : 
 
 Provided that the co-respondent shall not be ordered to pay the petitioner’s cost –– 
 
 lSubs. by Act, 1975 (Act No. IV of 1976), s. 15. 
 
 
 
              
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 (1) if the respondent was, at the time of the adultery, living apa rt from her husband and 
leading the life of a prostitute, or 
 
 (2) if the co -respondent had not, at the time of the adultery, reason to believe the respondent 
to be a married woman. 
 
 1[*         *       *      *  *  *  *] 
________ 
 
IX.—ALIMONY 
 
 36. Alimony pendente lite. In any suit under this Act, whether it be instituted by a husband or 
a wife, and whether or not she has obtained an order of protection, the wife may present a petition for 
alimony pending the suit. 
 
 Such petition shall be served on the husband ; and the Court, on being satisfied of the truth of 
the statements therein contained, may make such order on the husband for payment to the wife of 
alimony pending the suit as it may deem just : 
 
 Provided that alimony pending the suit shall in no  case exceed one -fifth of the husband ’s 
average net income for the three years next preceding the date of the order, and shall continue, in 
case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made 
absolute or is confirmed, as the case may be. 
 
 37. Power to order permanent alimony.1[*  *  *  *  *  *  *]  
 
 1[*  *  *  *  *  *  *] 
 
 1[The Court may, if it thinks fit, on any decree declaring a marriage to be dissolved or on any 
decree of judicial separation obtained by t he wife, order] that the husband shall, to the satisfaction of 
the Court, secure to the wife such gross sum of money, or such annual sum of money for any term 
not exceeding her own life, as having regard to her fortune (if any), to the ability of the husba nd, and 
to the conduct of the parties, it thinks reasonable, and for that purpose may cause a proper instrument 
to be executed by all necessary parties.  
 
 Power to order month ly or weekly payments.  In every such case the Court may make an 
order on the hu sband for payment to the wife of such monthly or weekly sums for her maintenance 
and support as the Court may think reasonable : 
 
 Provided that if the husband afterwards from any cause be comes unable to make such 
payments, it shall be lawful for the Court to discharge or modify the order, or temporarily to suspend 
the same as to the whole or any part of the money so ordered to be paid, and again to revive the same 
order wholly or in part, as to the Court seems fit. 
 
 38. Court may direct pay ment of alim ony to wife or to her trustee. In all cases in which 
the Court makes any decree or order for alimony it may direct the same to be paid either to the wife 
herself, or to any trustee on her behalf to be approved by the Court, and may impose any terms or 
restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it 
appears to the Court expedient so to do. 
________ 
 
 
 
 1Omitted and subs. by Act, 1975 (Act No. IV of 1976), s. 16, 17 (a) and (b). 
 
 
 
              
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X.—SETTLEMENTS 
 
 
 39. Power to order settle ment of wife ’s property for benefit of husband and children. 
Whenever the Court pronounces a decree of dissolution of marriage or judicial separation for  
adultery of the wife, if it is made to appear to the Court that the wife is enti tled to any pro perty, the 
Court may, if it think fit, order such settlement as it thinks reasonable to be made of such property or 
any part thereof, for the benefit of the husband, or of the children of the marriage, or of both. 
 
 Any instrument executed pursuant to any order of the Court at the time of or after the 
pronouncing of a decree of dissolution of marriage or judicial separation shall be deemed valid 
notwithstanding the existence of the disability of coverture at the time of the execution thereof. 
 
 Settlement of damages. The Court may direct that the whole or any part of the damages 
recovered under section 34 shall be settled for the benefit of the children of the marriage, or as a 
provision for the maintenance of the wife. 
 
 40. Inquiry into existence of ante-nuptial or post-nuptial settlements. 
 
 1[*  *  *  *  *  *  *] 
 
 1[*  *  *  *  *  *  *] 
 
 
 1[The Court, after making a decree for dissolution of marriage or a decree of nullity of 
marriage, may] inquire into the existence of ante -nuptial or  post-nuptial settlements made on the 
parties whose marriage is the subject of the decree, and may make such orders, with reference to the 
application of the whole or a portion of the property settled, whether for the benefit of the husband or 
the wife, or of the children (if any) of the marriage, or of both children and parents, as to the Court 
seems fit : 
 
 Provided that the Court shall not make any order for the ben efit of the parents or either of 
them at the expense of the children. 
 
XI.— CUSTODY OF CHILDREN 
 
 41. Power to make orders as to custody of children in suit for seperation. In any suit for 
obtaining a judicial separation the Court may from time to time, before making its decree, make such 
interim orders, and may make such provisio n in the decree, as it deems proper with respect to the 
custody, maintenance and education of the minor children, the marriage of whose parents is the 
subject of such suit, and may, if it thinks fit, direct proceedings to be taken far placing such children  
under the protection of the said Court. 
 
 42. Power to make such orders after decree. The Court, after a decree of judicial 
separation, may upon application (by petition) far this purpose make, from time to time, all such 
orders and provision, with respect to the custody, maintenance and education of the minor children, 
the marriage of whose parents is the subject of the decree, or for placing such children under the 
protection of the said Court, as might have been made by such decree or by interim orders in case the 
proceedings far obtaining such decree were still pending. 
 
 1[43. Power to make orders as to custody of children in suits for dissolution or nullity. — In 
any suit f or obtaining a dissolution of marriage or a decree of nullity of marriage, the Court may 
from time to time, before making its decree, make such interim orders, and may make such provision 
in the decree, as it deems proper with respect to the custody, maintenance and education of the minor 
children, the marriage of whose parents is th e subject of the suit  ; and may, if it thinks fit, direct 
proceedings to be taken far placing such children under the protection of the Court.]. 
 
 
 
 
 1Omitted and subs. by Act, 1975 (Act No. IV of 1976), ss. 18 (a) and (b) and 19. 
 
              
Page 14 of 26 
 
 1[44. Power to make such  orders after decree. —The Court, after a decree fo r dissolution of 
marriage or a decree of nullity of marriage, may, upon application by peti tion for the purpose, make 
from time to time all such orders and provision, with respect to the custody, mainte nance and educa-
tion of the minor children, the marriage of whose parents was the subject of the decree, or for placing 
such children under the protection of the Court, as might have been made by such decree or by such 
interim orders as aforesaid.]. 
 
 
XII.—PROCEDURE 
 
 
 45. Code of Civil Procedure to apply. Subject to the provisions herein contained, all 
proceedings under this Act between party and party shall be regulated by the Code of Civil 
Procedure2. 
 
 46.  Forms of petitions and statements. The forms set forth in the Schedule to this Act, with 
such variation as the circumstances of each case require, may be used for the respective purposes 
mentioned in such schedule.  
 
 47. Stamp on petition. Petition to state absence of collusion. Every petition under this Act 
for a decree of dissolution of marriage or of nullity of marriage, or of judicial separation 3[* * * ] 
shall 3[* * *] state that there is not any collusion or connivance between the petitioner and the other 
party to the marriage ; 
 
 Statements to be v erified. the statements contained in every petition under this Act shall be 
verified by the petitioner or some other competent person in manner required by law for the 
verification of plaints, and may at the hearing be referred to as evidence. 
 
 48.  Suits  on behalf of lunatics. When the husband or wife is a lunatic or idiot, any suit 
under this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf 
by the committee or other person entitled to his or her custody. 
 
 49.  Suits by minors. Where the petitioner is a minor, he or she shall sue by his or her next 
friend to be approved by the Court ; and no petition presented by a minor under this Act shall be filed 
until the next friend has undertaken in writing to be answerable for costs. 
 
 Such undertaking 3[*   *   * ] shall be filed in Court, and the next friend shall thereupon be 
liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit. 
 
 50. Service of petition. Every petition under this Act shall be served on the party to be 
affected thereby, either within or without 4[Pakistan], in such manner as the High Court by general or 
special order from time to time directs : 
 
 Provided that the Court may dispense with such service alto gether in case it seems necessary 
or expedient so to do. 
 
 51. Mode of taking evidence. The witnesses in all proceedings before the Court, where their 
attendance can be had, shall be examined orally, and any party may offer himself or herself as a 
witness, and shall be examined and may be cross-examined and re-examined, like any other witness : 
 
 Provided that the parties shall be at liberty to verify their respective cases in whole or in part 
by affidavit, but so that the deponent in every such affidavit shall , on the application of the opposite 
party, or by direction of the Court, be subject to be cross  examined by or on behalf of the opposite 
party orally, and after such cross -examination may be re -examined orally as aforesaid by or on 
behalf of the party by whom such affidavit was filed. 
 
1Subs. by Act, 1975 (Act No. IV of 1976), s. 20. 
2Code of Civil Procedure Act, 1908 (V of 1908). 
3Rep. by the Court-Fees Act, 1870 (VII of 1870), see now Art. 7 of Sch. II to that Act. 
4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s.3 and Sch. II (w. e.  f. the 14th October, 1955).  
 
              
Page 15 of 26 
 
 52. Competence of husband and wife to give evidence as to cruelty or desertion.  On any 
petition presented by a wife, praying that her marriage may be d issolved by reason of her husband 
having been guilty of adultery coupled with cruelty, or of adultery coupled with desertion without 
reasonable excuse, the husband and wife respectively shall be competent and compellable to give 
evidence of or relating to such cruelty or desertion. 
 
 53. Power to close doors. The whole or any part of any proceeding under this Act may be 
heard, if the Court thinks fit, with closed doors. 
  
 54. Power to adjourn. The Court may from time to time adjourn the hearing of any peti tion 
under this Act, and may require further evidence thereon if it sees fit so to do.  
 
 55. Enforcement of and appeal from orders and decrees. All decrees and orders made by 
the Court in any suit or proceeding under this Act shall be enforced and may be appealed1 from, in 
the like manner as the decrees and orders of the Court made in the exercise of its original civil 
jurisdiction are enforced and may be appealed from under the laws, rules and orders for the time 
being in force : 
 
 2[*   *  *  *  *  *         *] 
 
 No appeals as to costs. Provided 2[*] that there shall be no appeal on the subject of costs 
only.  
 
 56. [Appeal to Supreme Court.] Omitted by the Divorce (Amdt.) Act, 1975 (IV of 1976), s. 22. 
 
XIII.—RE-MARRIAGE 
 
 2[57. Liberty to parties to mar ry again.— After the expiry of six months from the date of a 
decree for the dissolution of a marriage, or, where an appeal has been presented against any such 
decree, after the dismissal of such appeal or the declaration of the marriage as dissolved as a result of 
such appeal, but not sooner, it shall be lawful for the parties to the marriage to marry again as if the 
prior marriage had been dissolved by death]. 
 
 58. English clergyman not compelled to solemnize marriages of person s divorced for 
adultery. No clergyman in Holy Orders of the 3[*] Church of England 3[*  *] shall be compelled to 
solemnize the marriage of any person whose former marriage has been dissolved on the ground of 
his or her adultery, or shall be liable to any suit, penalty or censure fo r solemnizing or refusing to 
solemnize the marriage of any such person. 
 
 59. English minister refusing to perform ceremony to permit use of his church. When 
any minister of any church or chapel of the said 3[*] 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 w hich such church or chapel is situate, to perform 
such marriage service in such church or chapel. 
 
_______ 
 
 
 
 
 1The Court Fees Act, 1870 (Act No. 1870), Art. 7. Sch. II 
 2Omitted and subs. by Act, 1975 (Act No. IV of 1976), ss. 21 and 23. 
 3Repealing by Act No. 12 of 1873.  
 
 
              
Page 16 of 26 
 
XIV.—MISCELLANEOUS 
 
 
 60. Decree for separation or protection order 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 other wise 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, di scharged 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 dis continued, be protected and indemnified as if, at the time of such payment, 
transfer or other act, such dec ree 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 decr ee or order or of the cessation or discontinuance of the 
separation. 
 
 61. 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. 
 
  62. 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 addit ions are con sistent with the provisions of this 
Act and the Code of Civil Procedure1. 
 
 All such rules, alterations and additions shall be published in the 2[official Gazette]. 
  
 
 
 
  
 
 
 
 
 1The Code of Civil Procedure (Act No. V of 1908). 
 2Subs. by A. O., 1937.  
 
 
 
 
 
 
 
 
              
Page 17 of 26 
 
 SCHEDULE OF FORMS 
 
No. 1.—PETITION BY HUSBAND FOR A DISSOLUTION OF MARRIAGE WITH 
DAMAGES AGAINST CO-RESPONDENT, BY REASON OF ADULTERY. 
 
(See sections 10 and 34) 
 
In the 1[*]     Court of 
 
 1[*  *  *  *  *  *  *] 
 
      The                          day of           186.       
      The petition of A. B., of  
 
 
SHEWETH, 
 
 1. That your petitioner was on the  day of  , one thousand eight hundred and      , 
lawfully married to C.B., then C. D., spinster, at 
 
 2. That from his said marriage, your petitioner lived and cohabited with his said wife at  and 
at              ,in   , and lastly at   in  , and that your petitioner and his said 
wife have had issue of their said marriage, five children, of whom two sons only survive, aged 
respectively twelve and fourteen years. 
 
 3. That during the three years immediately preceding the                day of              one 
thousand eight hundred and  , X. Y. was constantly, with few exceptions, re siding in the 
house of your petitioner at                 a foresaid, and that on divers occasions during the said period, 
the dates of which are unknown to your petitioner, the said C.B. in your peti tioner’s said house 
committed adultery with the said X. Y. 
 
 4. That no collusion or connivance exists between me a nd my said wife for the purpose of 
obtaining a dissolution of our said marriage or for any other purpose. 
 
 Your petitioner, therefore, prays that this 1[*] Court will decree a dissolution of the said 
marriage, and that the said X. Y. do pay the sum of rup ees 5,000 as damages by reason of his having 
committed adultery with your petitioner ’s said wife, such damages to be paid to your petitioner, or 
otherwise paid or applied as to this 1[*] Court seems fit. 
 
                (Signed)              A.B. 
 
Form of Verification 
 
 I, A.B., the petitioner name in the above petition, do declare that what is stated therein is true 
to the best of my information and belief. 
 
__________ 
 
 
 
 1Omitted by Act, 1975 (Act No. IV of 1976), s. 24. 
  
 
 
 
              
Page 18 of 26 
 
No. 2.—RESPONDENT’S STATEMENT IN ANSWER TO No. 1. 
 
 In the Court of   the   day of  
 
 
        Between A.B., petitioner, 
                                                                                                 
                                                                                                                                                                                                          C.B., respondent, and 
 
                                                                                   X.Y., co-respondent. 
 
 C. B., the respondent, by D.E., her attorney [or vakil], in answer to the petition of A.B., says 
that she denies that she has on divers or any occasions committed adultery with X. Y., as alleged in 
the third paragraph of the said petition. 
 
 Wherefore the respondent prays that this 1[*] Court will  
  reject the said petition. 
 
       (Signed)              C.B. 
 
___________ 
 
 
 No. 3.—CO-RESPONDENT’S STATEMENT IN ANSWER TO No.1 
 
 In the 1[*] Court of 
 
 The              day of 
 
                                                        Between      A.B., petitioner, 
                                             C.B., respondent, and 
 
                                             X. Y., co-respondent. 
 
 X. Y., the co-respondent, in answer to the petition file d in this cause, saith that he denies that 
he committed adultery with the said C. B., as alleged in the said petition. 
 
 Wherefore the said X. Y., prays that this 1[*] Court will reject the prayer of the said petitioner 
and order him to pay the costs of and incident to the said petition. 
 
 
       (Signed)  X.Y. 
________ 
 
 
 
 
 
 1Omitted by Act, 1975 (Act No. IV of 1976), s. 24.  
       
 
 
 
 
              
Page 19 of 26 
 
          No. 4.—PETITION FOR DECREE OF NULLITY OF MARRIAGE 
 
(See section 18) 
 
 
 
 
 
 In the 1[*]           Court of  
  
 1[*  *  *  *  *  *  *] 
   
      The    day of   ,        186 . 
 
    The   petition  of   A.B.,       falsely called   A.D.,  
SHEWETH, 
 
 1.   That on the , day of  , one thousand eight hundred and             , your 
petitioner, then a spinster, eighteen years of age, was married in fact, though not in law, to C.D., then 
a bachelor of about thirty years of age, at [some place in 2[Pakistan]]. 
 
 2.    That from the said day of             , one thousand eight hundred and       , 
, until the month of         , one thousand eight hundred and    
your petitioner lived and cohabited with the said C.D., at divers places, and particularly at  
 aforesaid. 
 
 3. That the said C. D., has never consummated the said pre tended marriage by carnal 
copulation. 
 
 4.  That at the t ime of the celebration of your petitioner ’s said pretended marriage, the said 
C.D. was, by reason of his impo tency or malformation, legally incompetent to enter into the con tract 
of marriage. 
 
 5.  That there is no collusion or connivance between her and  the said C.D. with respect to the 
subject of this suit. 
 
 Your petitioner therefore prays that this 1[*] Court will declare that the said marriage is null 
and void. 
 
        (Signed)            A.B. 
 
___________ 
 
 
 
 
 1Omitted by Act, 1975 (Act No. IV of 1976), s. 24.  
 2Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (Ordinance No. XXI of 1960), s. 3, Sch. II (w. e.  f.  the 14th October, 1955). 
 
              
Page 20 of 26 
 
 
 
No. 5.—PETITION BY WIFE FOR JUDICIAL SEPARATION ON THE GROUND OF HER               
HUSBAND’S ADULTERY. 
 
(See section 22) 
 
 In the 1[*]   Court of 
 
 1[*     *        *      *      *      *      *          *] 
 
  The     day of             186 . 
 
  The petition of C.B., of               ,  the wife of A.B. 
  
SHEWETH, 
 
 That on the   day of   , one thousand eight hundred and sixty      , 
your petitioner, then C.D., was lawfully married to A.B., at the Church of        , in the 
 
 2.  That after her said marriage your petitioner cohabited with the said A.B. at  and 
at  , and that your petitioner and her said husband have issue living of their said marriage, 
three children, to wit, etc., etc. 
 
 3. That on divers occasions in or about the months of August, September and October, one 
thousand eight hundred and sixty   , the said A. B., at          aforesaid, committed 
adultery with E.F., who was then living in the service of the said A. B. and your petitioner at their 
said residence aforesaid. 
 
 4. That on divers occasions in the months of October, No vember and December, one 
thousand eight hundred and sixty          , the said A. B., at                   aforesaid, committed 
adultery with G. H., who was then living in the service of the said A. B. and your petitioner at their 
said residence             aforesaid. 
 
 5. That no collusion or connivance exists between  your peti tioner and the said A. B. with 
respect to the subject of the present suit. 
 
 Your petitioner therefore prays that this 1[*] Court will de cree a judicial separation to your 
petitioner from her said husband by reason of his aforesaid adultery. 
 
        (Signed)          C. B. 
 
__________________ 
 
 
 
 
 
 
1Omitted by Act, 1975 (Act No. IV of 1976), s. 24.   
 
 
 
 
 
              
Page 21 of 26 
 
 
 
             No.—6. STATEMENT IN ANSWER TO No. 5 
 
 
In the 1[*] Court of 
     B. against B. 
 
   The              day of                         . 
 
 The respondent, A.B., by W. Y., his attorney [or vakil], saith,― 
 
 1. That he denies that he committed adultery with E.F., as in the third paragraph of the 
petition alleged. 
 
 2. That the petitioner condoned the said adultery with E.F., if any. 
 
 3. That he denies that he committed adultery with G.H., as in the fourth paragraph of the 
petition alleged. 
 
 4. That the petitioner condoned the said adultery with G. H., if any. 
 
 Wherefore this respondent prays that this 1[*] Court, will reject the prayer of the said petition. 
      
                                                                                                (Signed)            A.B. 
 
 
______________ 
 
 
No.7.—STATEMENT IN REPLY TO No. 6. 
 
 In the 1[*] Court of 
 
B. against B. 
 
   The     day of                                 . 
 
 The petitioner, C. B., by her attorney [or vakil], says,___ 
 
 1. That she denies that she condoned the said adultery of the respondent with E. F., as in the 
second paragraph of the statement in answer alleged. 
 
 2. That even if she had condoned the said adultery , the same has been revived by the 
subsequent adultery of the respondent with G. H., as set forth in the fourth paragraph of the petition. 
 
         (Signed)  C.B. 
 
_____________ 
 
[ 
________________________________________________________________________ 
 1Omitted by Act, 1975 (Act No. IV of 1976), s. 24. 
 
              
Page 22 of 26 
 
No. 8.—PETITION FOR A JUDICIAL SEPARATION BY REASON OF CRUELTY 
(See section 22) 
 
 In the 1[*]  Court of         
               
     
 1[*      *              *             *             *      *        *]          
 
   The     day of               , 186. 
 
                                                The petition of A. B. (wife of C. B.) of 
 
SHEWETH, 
 
  1. That on the  day of  , one thousand eight hundred and     , 
your petitioner, then   A. D., spinster, was lawfully married to C. B., at  
 
 2.  That from her said marriage, your petitioner lived and cohabited with her said husband at
  until the          day of            , one thousand eight hundred and                  , when 
your petitioner separated from her said husband as hereinafter more particularly mentioned, and that 
your petitioner and her said husband have had no issue of their said marriage. 
 
 3.  That from and shortly after your petitioner ’s said marriage, the said C. B., habitually 
conducted himself towards your petitioner with great harshness and cruelty, frequently abusing her in 
the coarsest and most insulting language, and beating her with his fists, with a cane, or with some 
other weapon. 
 
 4.  That on an evening in or about the month of one thousand eight hundred and, the said C. 
B., in the highway and opposite to the house in which your petitioner and the said C. B. were then 
residing at aforesaid, endeavoured to knock your petitioner down,  and was only prevented from so 
doing by the interference of F. D., your petitioner’s brother. 
  
 5. That subsequently on the same evening, the said C. B., in  his said house at       aforesaid, 
struck your petitioner with his clenched fist a violent blow on her face. 
 
 6. That on one Friday night in the month of   , one thousand eight hundred and ,the 
said C. B., in  , without provocation, threw a knife at your petitioner, thereby inflicting a 
severe wound on her right hand. 
 
 7. That on the afternoon of the        day of      , one thou sand eight hundred and      , your 
petitioner, by reason of the great and continued cruelty practised towards her by her said hus band, 
with assistance withdrew from the house of her said hus band to the house of her father  at     , that 
from and after the said          day of         , one thousand eight hundred and       , your petitioner hath 
lived separate and apart from her said hus band, and hath never returned to his house or to 
cohabitation with him. 
 
 8. That there is no collusion or connivance between your petitioner and her said husband with 
respect to the subject of the present suit. 
 
 
 1Omitted by Act, 1975 (Act No. IV of 1976), s. 24. 
  
 
 
              
Page 23 of 26 
 
 Your petitioner, therefore, prays that this 1[*]   Court will decree a jud icial separation 
 between your petitioner and the said C. B., and also order that the said C.B. do pay the 
 costs of and incident to these proceedings. 
 
 
 
           (Signed)               A. B. 
_______ 
 
Form of Verification : see No. 1 
 
______ 
 
                        No. 9.—STATEMENT IN ANSWER TO No. 8 
 
 In the 1[*] Court of 
 
   The     day of       . 
 
    Between A. B., petitioner, and C. B., respondent. 
 
 C.B., the respondent, in answer to the petition filed in this cause, by W. J., his attorney [or 
vakil], saith that he denies that he has been guilty of cruelty towards the said A. B.. as alleged in the 
said petition. 
 
       (Signed)              C.B. 
 
_______ 
 
No. 10.—PETITION FOR REVERSAL OF DECREE OF SEPARATION 
(See section 24) 
 
 
 In the 2[*]    Court of 
 
  1[*   *  *  *  *  *  *] 
 
        The   day of                  , 186. 
 
        The petition of A. B., of 
 
    SHEWETH, 
 
 1.  That your  petitioner was on the  day of                      lawfully   married    to. 
 
 2. That on the          day of           , this 1[*] Court, at the petition of          , pronounced a 
decree affecting the petitioner to the effect following, to wit,― 
 
[Here set out the decree.] 
 
3. That such decree was obtained in the absence of your petitioner, who was then residing at. 
 
 [State facts tending to show that the petitioner did not know of the proceedings  ; and, further, 
that had he known he might have offered a sufficient defence]. 
 
 
 
 
 1Omitted by Act No. 1975 (Act No. IV of 1976), s.24. 
 
 
 
              
Page 24 of 26 
 
or 
 That there was reasonable ground for your petitioner leaving his said wife, for that his said 
wife. 
 [Here state any legal grounds justifying the petitioner’s separation from his wife.] 
 
 Your petitioner, therefore, prays that this 1[*]  Court will reverse the said 
decree. 
 
         (Signed)  A.B. 
______ 
 
Form of Verification : see No. 1 
_____ 
 
No. 11.—PETITION FOR PROTECTION-ORDER 
(See section 27) 
 
 In the 1[*]    Court of   
 
 1[*  *  *  *  *  *             *] 
         The day       of ,             186. 
        The petition of C. B., of       . 
        The wife of A. B. 
 
SHEWETH, 
 
 That on the day of   she was lawfully married to A. B. at         . 
 
 That she lived and cohabited with the said A. B. for years at  , and also at       , 
and had had             children, issue of her said marriage, of whom are now living with the appli cant, 
and wholly dependent upon her earnings. 
 
 That on or about , the said A. B.,  without any reason able cause, deserted the applicant, 
and hath ever since remained separate and apart from her. 
 
 That since the desertion of her said husband, the applicant hath maintained herself by her own 
industry [or on her own pro perty, as the cas e may be], and hath thereby and otherwise acquired 
certain property consisting of [here state generally the nature of the property]. 
 
 Wherefore she prays an order for the protection of her earn ings and property acquired since 
  the said   day of                          ,  
  from the said A. B., and from all creditors and persons claiming under him. 
  
       (Signed)             C.B. 
 
. 
__________ 
 
 1 Omitted by Act, 1975 (Act No. IV of 1976), s. 24. 
 
 
 
              
Page 25 of 26 
 
No. 12.—PETITION FOR ALIMONY PENDING THE SUIT 
                                                   (See section 36) 
  
 
 
 
 In the 1[*]   Court of 
 
B. against B. 
 
     1[*  *  *  *  *  *    *] 
 
                                                The  day of ,             186. 
                 The petition of C. B., the lawful wife of      A. B. 
 
SHEWETH, 
 
 1. That the said A. B. has for some years carried on the business of          , at        , and from 
such business derives the net annual income of from Rs. 4,000 to 5,000. 
 
 2. That the said A. B. is possessed of plate, furniture, linen and other effects at his said house 
aforesaid, all of which he acquired in right of your petitioner as his wife, or purchased with money he 
acquired through her, of the value of Rs. 10,000. 
 
 3. That the said A. B. is entitled, under the will of his father, subject to the life interest of his 
mother therein, to property of the value of Rs. 5,000 or some other considerable amount. 
 
 Your petitioner, therefore, prays that this1   Court will decree such sum or 
sums of money by way of  alimony, pending the suit, as to this 1[*] Court may seem meet. 
 
      (Signed)              C.B. 
 
Form of Verification : see No. 1 
 
__________ 
 
No. 13.—STATEMENT IN ANSWER TO No. 12 
 
 In the 1[*] Court of 
 
B. against B. 
 
      A. B., of                          , the above   
      named respondent, in answer to the petition  
                                                                         for alimony, Pending the suit of C. B., says___ 
 
 1. In answer to the first paragraph of the said petition, I say that I have for the last three years 
carried on the business of             ,  at  , and that, from such business, I have derived a net 
annual income of Rs. 900, but less than Rs. 1,000. 
 
 2. In answer to the second paragraph of the said petition, I say  that I am possessed of plate, 
furniture, linen and other chattels and effects at my said house aforesaid, of the value of Rs. 
7,000, but as I verily believe of no la rger value. And I say that a portion of the said plate, furniture 
and other chattels and e ffects of the value of Rs. 1,500, belonged to my said wife before our 
marriage, but the remaining portions thereof I have since purchased with my own moneys. And I say 
that, save as hereinbefore set forth, I am not possessed of the plate and other effects  as alleged in the 
said paragraph in the said petition, and that I did not acquire the same as in the said petition also 
mentioned. 
 
 1Omitted by Act, 1975 (Act No. IV of 1976), s. 24. 
  
 
 
              
Page 26 of 26 
 
 3. I admit that I am entitled under the will of my father, sub ject to the life -interest of my 
mother therein, to property of the value of Rs.  5,000, that is to say, I shall be entitled under my said 
father’s will, upon the death of my mother, to a legacy of Rs.7,000, out of which I shall have to pay 
to my father’s executors the sum of Rs.  2,000, the amount of a debt owing by me to his estate, and 
upon which debt I am now paying interest at the rate of five per cent. per annum. 
 
 4. And, in further answer to the said petition, I say that I have no income whatever except that 
derived from my aforesaid business, that such income, since my said wife left me, which she did on 
the            day of        last, has been considerably diminished, and that such diminution is likely to 
continue. And I say that out of my said income , I have to pay the annual sum of Rs.  100 for such 
interest as aforesaid to my late father ’s executors ’ and also to support myself and my two eldest 
children. 
 
 5. And, in further answer to the said petition, I say that, when my wife left my dwelling -
house on the       day of         last, she took with her, and has ever since withheld and still withholds 
from me, plate, watches and other effects in the second paragraph of this my answer mentioned, of 
the value of, as I verily believe, Rs.  800 at the least  ; and I also say that, within five days of her 
departure from my house as aforesaid, my said wife received bills due to me from certain lodgers of 
mine, amounting in the aggregate to Rs.     ,  and that she has ever since withheld and still withholds 
from me the same sum. 
 
     (Signed)             A. B. 
___________ 
 
 
No. 14.—UNDERTAKING BY MINOR’S NEXT FRIEND TO BE ANSWERABLE FOR 
RESPONDENT’S COSTS. 
 
(See section 49) 
 In the 1[*] Court of 
 
 I, the undersigned, A. B., of  ,being the next friend of C. D., who is a minor, and who is 
desirous of filing a petition in this Court, under the Indian Divorce Act, against D. D. of         , 
hereby undertake to be responsible for the costs of the said D. D. in such suit, and that, if the said 
C.D. fail to pay to the sai d D. D. when and in such manner as the Court shall order all such costs of 
such suit as the Court shall direct him (or her) to pay to the said D. D., I will forthwith pay the same 
to the proper officer of this Court.  
 
 
                  Dated this  day of   ,  186      . 
         
                    (Signed)          A. B., 
_______ 
 
 
 
 
 
 Date: 24-09-2024 
 1Omitted by Act, 1975 (Act No. IV of 1976), s. 24.