Indian Divorce Act 1869 - Overview And FAQ

Background and Timeline

• Enacted during British colonial rule to provide a legal framework for Christians seeking divorce.
• On February 26, 1869, the Indian Divorce Bill, 1869 was passed by the Legislative Council.
• On April 1, 1869, the Indian Divorce Act, 1869 came into force.

Structure

The IDA comprises 62 sections without chapters. The outline of key sections is as follows:

Key Objectives and Provisions

The IDA aims to regulate divorce and matrimonial matters for Christians. Key provisions include:

• Dissolution of marriage: Provides grounds for divorce, such as adultery and cruelty.
• Judicial separation: Allows spouses to live apart without dissolving the marriage.
• Key provisions:
  • Grounds for divorce: Section 10 lists grounds like adultery, cruelty, desertion, and conversion.
  • Judicial separation: Section 22 allows separation on specific grounds.
  • Alimony: Section 37 provides for permanent alimony to the wife.
  • Remarriage: Section 57 permits remarriage after a finalized divorce decree.

Implementation

• The IDA came into effect on April 1, 1869.
• Family courts and district courts handle cases under the IDA.
• The Act applies specifically to Christians in India.

Key Considerations

• Provides a legal framework for Christian matrimonial disputes.
• Has been amended to align with modern family law principles (e.g., Divorce Amendment Act, 2001).
• The IDA, 1869, ensures equitable resolution of matrimonial issues for Christians.