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IDA, 1869
Start Practicing
IDAChapter IIISection 17A
Section17A

Appointment of officer to exercise duties of King’s Proctor

AI Assist

Summary

The State government may appoint an officer for the High Court area who can, like the King’s Proctor in England, show cause why a decree dissolving a marriage should not be made final or confirmed. That officer may intervene in divorce proceedings within the High Court's jurisdiction. The State can make rules about how the officer exercises this right and related matters.

Example

Priya files for dissolution of marriage in her local High Court. Before the court makes the decree final, the State's appointed officer can appear and show cause why the decree should not be made absolute, so the court may delay or refuse final confirmation.

Bare Act

Enacted text

The Government of the State within which any High Court exercises jurisdiction, may appoint an officer who shall, within the jurisdiction of the High Court in that State, have the like right of showing cause why a decree for the dissolution of a marriage should not be made absolute or should not be confirmed, as the case may be, as is exercisable in England by the King’s Proctor; and the said Government may make rules regulating the manner in which the right shall be exercised and all matters incidental to or consequential on any exercise of the right.

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III

Chapter III

Dissolution of Marriage

In this chapter

  • 10When husband may Petition for dissolution
  • 11Adulterer to be co-respondent
  • 12Court to be satisfied of absence of collusion
  • 13Dismissal of Petition
  • 14Power to Court to pronounce decree for dissolving marriage
  • 15Relief in case of opposition on certain grounds
  • 16Decrees for dissolution to be nisi
  • 17Confirmation of decree for dissolution by District Judge
  • 17AAppointment of officer to exercise duties of King’s Proctor
Previous · Section 17Confirmation of decree for dissolution by District JudgeNext · Section 18Petition for decree of nullity