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IDA, 1869
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IDAChapter IISection 4
Section4

Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception

AI Assist

Summary

High Courts' existing matrimonial jurisdiction, including divorce a mensa et toro and other marriage-related causes, will be exercised by those High Courts and by District Courts only under the rules of this Act. They cannot act outside the Act's provisions. The only exception is that marriage-licenses may still be granted as if this Act had not been passed.

Example

Priya files for divorce a mensa et toro in her High Court. The High Court or the District Court must hear the case and follow the procedures and limits set by this Act. If a marriage-license needs to be issued in the same area, it can still be granted as if the Act did not apply.

Bare Act

Enacted text

The jurisdiction now exercised by the High Courts in respect of divorce a mensa et toro, and in all other causes, suits and matters matrimonial, shall be exercised by such Courts and by the District Courts subject to the provisions in this Act contained, and not otherwise : except so far as relates to the granting of marriage-licenses, which may be granted as it this Act had not been passed.

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II

Chapter II

Jurisdiction

In this chapter

  • 4Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception
  • 5Enforcement of decrees or orders made heretofore by Supreme or High Court
  • 6Pending suits
  • 7Court to act on principles of English Divorce Court
  • 8Extraordinary jurisdiction of High Court
  • 9Reference to High Court
Previous · Section 3Interpretation-clauseNext · Section 5Enforcement of decrees or orders made heretofore by Supreme or High Court