proper] with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit,
and may, if it think fit, direct proceedings to be taken for placing such children under the protection of the Court.
44. Power to make such orders after decree or confirmation.—48[Where a decree of dissolution or nullity of marriage has been passed, the District Court may, upon application] by petition for the 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 was 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 absolute or decree (as the case may be), or by such interim orders as aforesaid.
State Amendment—[Uttar Pradesh].—(1) In the first paragraph for the words “High Court”, the word “Court” shall be substituted. (2) The second paragraph, i.e., the words “and the District Court, after a decree for dissolution of marriage or of nullity of marriage has been confirmed ” shall be omitted—U.P. Act XXX of 1957.
XII—PROCEDURE
45. Code of Civil Procedure to apply.—Subject to the provisions herein contained, all proceedings under this Act between the party and party shall be regulated by the 49[Code of Civil Procedure, 1908 (5 of 190S)].
Objects and Reasons—Clause 27.—This clause seeks to amend section 45 of the Act relating to application of the Code of Civil Procedure by specifying the particulars of the present Code.
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. 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 50[* * *] shall 50[* * *] state that there is not any collusion or connivance between the petitioner and the other party to the marriage.
Statements to be verified.—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)
48. Substituted by Act 51 of 2001, S. 26, for “The High Court, after a decree absolute for dissolution of marriage or a decree of nullity of marriage, and the District Court, after a decree for dissolution of marriage or of nullity of marriage has been confirmed, may, upon application” (w.e.f. 3-10-2001).
49. Substituted by Act 51 of 2001,5.27, for “Codeof Civil Procedure” (w.e.f. 3-10-2001).
50. The words “or of reversal of judicial separation, or for restitution of conjugal rights, or for damages, shall bear a stamp of five rupees “and the words “in the first, second, and third cases mentioned in this section”, respectively, repealed by the Court-fees Act (VII of 1870). For Court-fee, see Art. 7 of Sch. II to that Act.
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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 51[* * *] 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 52[India], 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 altogether in case it seems necessary or expedient so to do.
State Amendment—[Uttar Pradesh],—For the words “High Court by general or special order from time to time directs”, the words “Court may direct” shall be substituted.—U.P. Act XXX of 1957.
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. .
52. Competence of husband and wife to give evidence as to cruelty or desertion.—On any petition presented 53[by a husband or a wife, praying that his or her marriage may be dissolved by reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or desertion], the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.
Objects and Reasons—Clause 28.—This clause seeks to amend section 52 of the Act as consequential to the changes made in section 10.
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.
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51. The words “shall bear a stamp of eight annas, and” repealed by Court-fees Act (VTI of
1870), Sch. II, Art. 7.
52. Substituted by A.0.1950.
53. Substituted by Act 51 of 2001, S. 28, for “by a wife, praying that her marriage may be dissolved by reason of her husband having been guilty of adultery coupled with cruelty, or of adultery, coupled with desertion without reasonable excuse” (w.e.f. 3-10-2001).
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54. Power to adjourn.—The Court may from time to time adjourn the hearing of any petition 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 appealed54 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:
No appeals as to costs.—[Provided] that there shall be no appeal on the subject of costs only.
Objects and Reasons—Clause 29.—This clause seeks to amend section 55 of the Act so as to allow an appeal from a decree of a District Judge for dissolution of marriage or nullity of marriage.
56. Appeal to 57[the Supreme Court].—Any person may appeal to 58fthe Supreme Court] from any decree (other than a decree nisi) or order under this Act of a High Court made on appeal or otherwise,
and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court,
when the High Court deckres that the case is a fit one for appeal to M[the Supreme Court].
XIII—RE-MARRIAGE : :.
5e[57. Liberty to parties to marry again.—Where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has
54. For Court-fee on memorandum of appeal, see Art. 7 of Sch. n, to the Court-fees Act (VII of 1870).
55. Proviso omitted by Act 51 of 2001, S. 29 (w.e.f. 3-10-2001), Prior to its omission, the Proviso read as under:—
“Provided that there shall be no appeal from a decree of a District Judge for dissolution of marriage or of nullity of marriage; nor from the order of the High Court confirming or refusing to confirm such decree”.
56. Substituted by Act 51 of 2001,8.29, for “Provided also” (w.e.f. 3-10-2001).
57. Substituted by A.0.1950.
58. Substituted by Act 51 of 2001, S. 30, for S. 57 (w.e.f. 3-10-2001). Prior to its substitution, S. 57 read as under:—
“57. Liberty to parties to marry again.—When six months after the date of an order of a High Court 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 a High Court dissolving a marriage
have expired, and no appeal has been presented against such decree to the High Court in its
appellate jurisdiction,
or when any such appeal has been dismissed,
.;6or 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 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 many again as if the prior.marriage had been dissolved by death.”
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expired without an appeal having been presented to any Court including the Supreme Court or an appeal has been presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again.]
58. English clergyman not compelled to solemnize marriages of persons divorced for adultery.—No clergyman in Holy Orders of the 59[*] Church of England 60[* *] 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.
59. English Minister refusing to perform ceremony to permit use of his
Church.—When any Minister of any Church or Chapel of the said 59[*] Church
refuses to perform such marriage-service between any person 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.
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 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 or 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.
59. The word “United” repealed by the Repealing Act 12 of 1873.
60. The words “and Ireland” repealed by the Repealing Act 12 of
