THE DIVORCE ACT, 1869, CHAPTER XIII & XIV

CHAPTER XIII

RE-MARRIAGE

Liberty to parties to marry again57. When six months after the date of an order of High Court Division confirming the decree for a dissolution of marriage made by a District Judge have expired,

or when six months after the date of any decree of High Court Division dissolving a marriage have expired, and no appeal has been presented against such decree to the High Court Division in its appellate jurisdiction,

or when any such appeal has been dismissed,

or when in the result of any such appeal any marriage is declared to be dissolved,

but not sooner, it shall be lawful for the respective parties to the marriage to marry again, as if the prior marriage had been dissolved by death:

Provided that no appeal to the Appellate Division of the Supreme Court has been presented against any such order or decree.

When such appeal has been dismissed, or when in the result thereof the marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again as if the prior marriage had been dissolved by death.

English clergyman not compelled to solemnize marriages of persons divorced for adultery58. No clergyman in Holy Orders of the Church of England 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 for solemnizing or refusing to solemnize the marriage of any such person.

English minister refusing to perform ceremony to permit use of his church59. When any minister of any church or chapel of the said 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.

CHAPTER XIV

MISCELLANEOUS

Decree for separation or protection-order valid as to persons dealing with wife before reversal60. 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 orderAll 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 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.

Bar of suit for criminal conversation61. 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.

Power to make rules62. The High Court Division 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 Code of Civil Procedure.

All such rules, alterations and additions shall be published in the official Gazette.

1 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “High Court Division” and “Appellate Division” were substituted, for the words “Pakistan”, “Provincial Government” or “the said Government”, “High Courts” or “High Court” or “a High Court” and “Supreme Court” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

2 Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, “High Court Division” and “Appellate Division” were substituted, for the words “Pakistan”, “Provincial Government” or “the said Government”, “High Courts” or “High Court” or “a High Court” and “Supreme Court” respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)

3 The words, figures and commas “the 26th day of March, 1971, has been solemnized in Pakistan” were substituted, for the words, commas and figures “the 15th day of August, 1947, has been solemnized in India” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

4 Clause (1) was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

5 Clause (2) was substituted, for clause (2) by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

6 The words “fathers domiciled in Bangladesh” were substituted, for the words “Native fathers” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

7 The words “fathers domiciled in Bangladesh” were substituted, for the words “Native fathers” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

8 Section 17A was substituted, for section 17A by the Government of India (Adaptation of Indian Laws) Order, 1937.

9 The words “in that Province” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

10 Second paragraph was omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

11 The words, comma and figure “the Succession Act, 1925” were substituted, for the words, comma and figure “the Indian Succession Act, 1865” by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).

 

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