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IDA, 1869
Start Practicing
IDAChapter IISection 5
Section5

Enforcement of decrees or orders made heretofore by Supreme or High Court

AI Assist

Summary

Decrees or orders already made by the former ecclesiastical benches of the Supreme Court at Calcutta, Madras or Bombay, or by those High Courts in matrimonial matters, can be enforced by the same High Courts under this Act. They will be treated and enforced as if they had originally been made under this Act.

Example

Priya has a matrimonial decree from an old Madras High Court bench but needs civil enforcement now. The present High Court can enforce that decree under this Act and treat it as if it had been originally made under the Act.

Bare Act

Enacted text

Any decree or order of the late Supreme Court of Judicature at Calcutta, Madras or Bombay sitting on the ecclesiastical side, or of any of the said High Courts sitting in the exercise of their matrimonial jurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by the said High Courts, respectively, as herein after mentioned, in like manner as if such decree or order had been originally made under this Act by the Court so enforcing or dealing with the same.

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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 4Matrimonial jurisdiction of High Courts to be exercised subject to Act. ExceptionNext · Section 6Pending suits