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IDA, 1869
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IDAChapter IISection 6
Section6

Pending suits

AI Assist

Summary

Matrimonial suits already pending in a High Court when the Act starts will be handled and decided by that same High Court under the Act, as if they had originally been filed under it. Parties do not need to refile or transfer the case. The suit proceeds under the new law's procedures and remedies.

Example

Priya had filed a divorce petition in the High Court before the new Act began. Once the Act comes into force, the court will treat her petition as if it was originally filed under the Act and decide it under the Act's procedures. She does not need to refile.

Bare Act

Enacted text

All suits and proceedings in causes and matters matrimonial, which when this Act comes into operation are pending in any High Court, shall be dealt with and decided by such Court, so far as may be, as if they had been originally instituted therein under this Act.

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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 5Enforcement of decrees or orders made heretofore by Supreme or High CourtNext · Section 7Court to act on principles of English Divorce Court