Court to act on principles of English Divorce Court
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Summary
High Courts and District Courts must decide suits under this Act, so far as possible, by following the principles and rules on which the English Court for Divorce and Matrimonial Causes acts. This is subject to the other provisions of the Act. It does not remove the courts' jurisdiction where the spouses professed the Christian religion when the facts arose.
Example
Priya files for divorce under this Act after Arjun moves out and stops supporting her. The court will look to principles similar to those used by the English Court for Divorce and Matrimonial Causes when deciding what relief to grant. Because both professed the Christian religion when the events took place, the court still has jurisdiction to hear the case.
Bare Act
Enacted textSubject to the provisions contained in this Act, the High Courts and District Courts shall, in all suits and proceedings hereunder, act and give relief on principles and rules which, in the opinion of the said Courts, are as nearly as may be conformable to the principles and rules on which the Court for Divorce and Matrimonial Causes in England for the time being acts and gives relief: Provided that nothing in this section shall deprive the said Courts of jurisdiction in a case where the parties to a marriage professed the Christian religion at the time of the occurrence of the facts on which the claim to relief is founded.
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