41. Power to make orders as to custody of children in suit for separation.

41.Power to make orders as to custody of children in suit for separation.-In any suit for obtaining a judicial separation the Court may from time to time, before making its decree, make such interim orders, and may make such provision in the decree, as it deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of such suit, and may, if it think fit, direct proceedings to be taken for placing such children under the protection of the said Court.

42. Power to make such orders after decree.- The Court, after a decree of judicial separation, may upon application (by petition) for this purpose make, from time to time, all such orders and provision, with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the decree, or for placing such children under the protection of the said Court, as might have been made by such decree or by interim orders in case the proceedings for obtaining such decree were still pending.

43. Power to make orders as to custody of children in suits for dissolution or nullity.

43.Power to make orders as to custody of children in suits for dissolution or nullity.-In any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in, or removed to, a High Court, the Court may from time to time, before making its decree absolute or its decree (as the case may be), make such interim orders, and may make such provision in the decree absolute or decree, and in any such suit instituted in a District Court, the Court may from time to time, before its decree is confirmed, make such interim orders, and may make such provision on such confirmation, as the High Court or District Court (as the case may be) deems proper with respect to the custody, maintenance and education of the minor children, the marriage of whose parents is the subject of the suit, and may, if it think fit, direct proceedings to be taken for placing such children under the protection of the Court.

44. Power to make such orders after decree or confirmation.-The High Court after a decree absolute for dissolution of marriage or a decree of nullity of marriage, and the District Court, after a decree for dissolution of marriage or of nullity of marriage has been confirmed, may, upon application by petition for the purpose, make from time to time all such orders and provision, with respect to the custody, maintenance and education of the minor children, the in marriage of whose parents was the subject of the decree, or for placing such children under the protection of the said Court, as might have been made by such decree absolute or decree (as the case may be), or by such interim orders as aforesaid

45.Code of Civil Procedure to apply.-Subject to the provisions herein contained, all proceedings under this Act between party and party shall be regulated by the Code of Civil Procedure1*.

46.Forms of petitions and statements.-The forms set forth in the schedule to this Act, with such variation as the circumstances of each case require, may be used for the respective purposes mentioned in such schedule.

47.Petition to state absence of collusion.-Every petition under this Act for a decree of dissolution of marriage, or of nullity of marriage, or of judicial separation 2 * * * shall 3* * * state that there is not any collusion or connivance between the petitioner and the other patty to the marriage. Statements to be verified. Statements to be verified.-The statements contained in every petition under this Act shall be verified by the petitioner or some other competent person in manner required by law for the verification of plaints, and may at the hearing be referred to as evidence. ---------------------------------------------------------------------- 1. See now the Code of Civil Procedure, 1008 (Act 5 of 1908). 2. The words "or of reversal of judicial separation, or for restitution of conjugal rights, or for damages, shall bear a stamp of five rupees, and" rep. by Act 7 of 1870. 3. The words " in the first, second and third cases mentioned in this section," rep., ibid. ----------------------------------------------------------------------- 62

48.Suits on behalf of lunatics.-When the husband or wife is a lunatic or idiot, any suit under this Act (other than a suit for restitution of conjugal rights) may be brought on his or her behalf by the committee or other person entitled to his or her custody.

49.Suits by minors.-Where the petitioner is a minor, he or she shall sue by his or her next friend to be approved by the Court; and no petition presented by a minor under this Act shall be filed until the next friend has undertaken in writing to be answerable for costs. Such undertaking 1* * * shall be filed in Court, and the next friend shall thereupon be liable in the same manner and to the same extent as if he were a plaintiff in an ordinary suit.

50.Service of petition.-Every petition under this Act shall be served on the party to be affected thereby, either within or without 2[India], in such manner is the High Court by general or special order from time to time directs: Provide that the Court may dispense with such service altogether in case it seems necessary or expedient so to do.

51. Mode of taking evidence.-The witnesses in all proceedings before the Court, where their attendance can be had, shall be examined orally, and any party may offer himself or herself as a witness, and shall be examined, and may be cross-examined and re-examined, like any other witness: Provided that the parties shall be at liberty to verify their respective cases in whole or in part by affidavit, but so that the deponent in every such affidavit shall, on the application of the opposite party, or by direction of the Court, be select to be cross- examined by or on behalf of the opposite party orally, and after such cross-examination may be re-examined orally as aforesaid by or on behalf of the party by whom such affidavit was filed.

52. Competence of husband and wife to give evidence as to cruelly or desertion.

52.Competence of husband and wife to give evidence as to cruelly or desertion.-On any petition presented by a wife, praying that her marriage may be dissolved by reason of her husband having been guilty of adultery coupled with cruelty, or of adultery coupled with desertion without reasonable excuse, the husband and wife respectively shall be competent and compellable to give evidence of or relating to such cruelty or desertion.

53.Power to close doors.-The whole or any part of any proceeding under this Act may be heard, if the Court thinks fit, with closed doors.

54.Power to adjourn.-The Court may from time to time adjourn the hearing of any petition under this Act, and may require further evidence thereon if it sees fit so to do.

55.Enforcement of, and appeal from, orders and decrees.--All decrees and orders made by the Court in any suit or proceeding under this Act shall be enforced and may be appealed from, in the like manner as the decrees and orders of the Court made in the exercise of its original civil jurisdiction are enforced and may be appealed from, under the laws, rules and orders for the time bring in force: Provided that there shall be no appeal from a decree of a District Judge for dissolution of marriage or of nullity of marriage; nor from the order of the High Court confirming or refusing to confirm such decree: No appeal as to costs. No appeal as to costs.-Provided also that there shall be no appeal on the subject of costs only.

56.Appeal to the Supreme Court.-Any person may appeal to 3*[the Supreme Court] from any decree (other than a decree nisi) or order under this Act of a High Court made on' appeal or otherwise, and from any decree (other than a decree nisi) or order made in the exercise of original jurisdiction by Judges of a High Court or of any Division Court from which an appeal shall not lie to the High Court, when the High Court declares that the case is a fit one for appeal to 3*[the Supreme Court]. --------------------------------------------------------------------- 1. The words "shall bear a stamp of eight annas and" rep. by Act 7 of 1870, ibid. 2. subs. by A. O. 1950, for "the Provinces" which had been subs. by A. O. 1948, for British India". 3. Subs. by A.O. 1950, for "Her Majesty in Council". ---------------------------------------------------------------------- 63

57. Liberty to parties to marry again.

57.Liberty to parties to marry again.-When six months after the date of an order of a High Court confirming the decree for a dissolution of marriage made by a District Judge have expired, or when six months after the date of' any decree of a high Court dissolving a marriage have expired, and no appeal has been presented against such decree to the High Court in its appellate jurisdiction, or when any such appeal has been dismissed, or when in the result of any such appeal any marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again, as if the prior marriage had been dissolved by death: Provided that no appeal to 1*[the Supreme Court] has been presented against any such order or decree. When such appeal has been dismissed, or when in the result thereof the marriage is declared to be dissolved, but not sooner, it shall be lawful for the respective parties to the marriage to marry again as if the prior marriage had been dissolved by death.

58. English clergyman not compelled to solemnize marriages of persons divorced for adultery.

58.English clergyman not compelled to solemnize marriages of persons divorced for adultery.--No clergyman in Holy Orders of the 2'* * * No Church of England 3* * * shall be compelled to solemnize the marriage of any person whose former marriage has been dissolved on the ground of his or her adultery, or shall be liable to any suit, penalty or censure for solemnizing or refusing to solemnize the marriage of any such person.

59. English Minister refusing to perform ceremony to permit use of his church.

59.English Minister refusing to perform ceremony to permit use of his Church.-When any Minister of any Church or Chapel of the said 2*** Church refuses to perform such marriage service between any persons who but for such refusal would be entitled to have the same service performed in such Church or Chapel, such Minister shall permit any other Minister in Holy Orders of the said Church, entitled to officiate within the diocese in which such Church or Chapel is situate, to perform such marriage-service in such Church or Chapel.

60. Decree for separation or protection-order valid as to persons dealing with wife before reversal.

60. Decree for separation or protection-order valid as to persons dealing with wife before reversal.-Every decree for judicial separation or order to protect property, obtained by a wife under this Act shall, until reversed or discharged, be deemed valid, so far as necessary, for the protection of any person dealing with the wife. No reversal, discharge or variation of such decree or order shall affect any rights or remedies which any person would otherwise have had in respect of any contracts or acts of the wife entered into or done between the dates of such decree or order, and of the reversal, discharge or variation thereof. Indemnity of persons making payment to wife without notice of reversal of decree or protection order. Indemnity of persons making payment to wife without notice of reversal of decree or protection order.-- All persons who in reliance on any such decree or order make any payment to, or permit any transfer or act to be made or done by, the wife who has obtained the same shall, notwithstanding such decree or order may then have been reversed, discharged or varied, or the separation of the wife from her husband may have ceased, or at some Lime since the making of the decree or order been discontinued, be protected and indemnified as if, at the time of such payment, transfer or other act, such decree or order were valid and still subsisting without variation, and the separation had not ceased or been discontinued, unless, at the time of the, payment, transfer or other act, such persons had notice of the reversal, discharge or variation of the decree or order or of the cessation or discontinuance of the separation.

61. Bar of suit for criminal conversation.-After this Act comes into operation, no person competent to present a petition under sections 2 and 10 shall maintain a suit for criminal conversation with his wife.

62. Power to make rules.-The High Court shall make such rules under this Act as it may from time to time consider expedient, and may from time to time alter and add to the same: Provided that such rules, alterations and additions are consistent with the provisions of this Act and the Code of Civil Procedure4*. All such rules, alterations and additions shall be published in the Official Gazette. ---------------------------------------------------------------------- 1. Subs. by A.O. 1950, for "Her Majesty in Council". 2. The word "United" rep. by Act 12 of 1873, s. 1 and Sch. 3. The words "and Ireland" rep. by s. 1 and Sch. ibid. 4. See now the Code of civil Procedure, 1908 (5 of 1908). ----------------------------------------------------------------------- 64 (The Schedule.)

PETITION by husband for a dissolution of marriage with damages against co-respondent by reason of adultery. (See sections 10 and 34) In the (High) Court of To the Hon'ble Mr. Justice [or To the Judge of .] The day of 186 .

The petition of A. B., of SHEWETH, 1. That your petitioner was on the day of one thousand eight hundred and , lawfully married to C. B., then C. D., spinster at (a) 2. That from his said marriage, your petitioner lived and cohabited with his said wife at and at , in and lastly at , in and that Your Petitioner and his said wife have had issue of their said marriage, five children, of whom two sons only survive, aged respectively twelve and fourteen years. 3. That during the three years immediately preceding the day of one thousand eight hundred and X.Y. was constantly with a few exceptions, residing in the house of your petitioner at aforesaid, and that on divers occasions during the said period, the dates of which are unknown to your petitioner, the said C B. in your petitioner's said house committed adultery with the said X. Y. 4.That no collusion or connivance exists between me and my said wife for the Purpose of obtaining a dissolution of our said marriage or for any other purpose. Your petitioner, therefore, prays that this (Hon'ble) Court will decree a dissolution of the said marriage, and that the said X. Y. do pay the sum of rupees 5,000 as damages by reason of his having com- mitted adultery with your petitioner's said wife, such damages to be paid to your petitioner, or otherwise paid or applied as to this (Hon'ble) Court seems fit. (Signed) A. B. (b) Form of Verification I, A. B the petitioner named in the above petition, do declare that what is stated therein is true to the best of my information and belief. -------------------- No.

2.-Respondent's statement in answer to No. 1. In the Court of the day of Between A. B., petitioner, C. B., respondent, and X. Y., co-respondent. C.B, the respondent, by D. E., her attorney (or vakil), in answer to the petition of A. B. says that she denies that she has on divers or any occasions committed adultery with X. Y, as alleged in the third paragraph of the said petition. Wherefore the respondent prays that this (Hon'ble) Court will reject the said petition. (Signed) C. B. ---------------------------------------------------------------------- (a) If the marriage was solemnized out of India, the adultery must be shown to have been committed in India. (b) The Petition must be signed by the petitioner. ----------------------------------------------------------------------- < 65 No.

3.-Co-respondent's statement in answer to No. 1. In the(High) Court of The day of Between A. B., petitioner, C. B., respondent, and X. Y., co-respondent. X.Y., the co-respondent, in answer to the petition filed in this cause, saith that he denies that he comitted adultery with the said C. B., as alleged in the said petition. Wherefore the said X. Y. prays that this (Hon'ble) Court will reject the prayer of the said petitioner and order him to pay the costs of and incident to the said petition. (Signed) X. Y. ------------- No.

4.-PETITION for Decree of Nullity of Marriage. (See section 18) In the (High) Court of To the Hon'ble Mr. Justice [or To the judge of ]

The day of The petition of A. B., falsely called A. D., SHEWETH, 1. That on the day of , one thousand eight hundred and , your petitioner, then a spinster, eighteen years of age, was married in fact, though not in law, to C. D., then a bachelor of about thirty years of age, at [some place in India]. 2. That from the said day of ,one thousand eight hundred and until the month of , one thousand eight hundred and , your petitioner lived and cohabited with the said C. D., at divers places, and particularly at aforesaid. 3. That the said C. D. has never consummated the said pretended marriage by carnal copulation. 4. That at the time of the celebration of your petitioner's said pretended marriage, the said C D. was, by reason of the impotency or malformation, legally incompetent to enter into the contract of marriage. 5. That there is no collusion or connivance between her and the said C D. with respect to the subject of his suit. Your petitioner therefore pray that this (Hon'ble) Court will declare that the said marriage is null and void. (Signed) A. B. Form of Verification See No. 1 ------------- No.

5.-PETITION by wife for judicial separation on the ground of her husband's adultery (See section 22) in the (High) Court of [or To the Hon'ble Mr. Justice To the Judge of ] day of 186 . The petition of C. B., of the wife of A. B SHEWETH 1. That on the day of , one thousand eight hundred and sixty your petitioner, thenC. D., was lawfully married to A. B., at the church of in the < 66 2. That after her said marriage, your petitioner cohabited with the said 4. B. at and that your petitioner and her said husband have issue living of their said marriage three children, to wit, etc.etc.., (a). 3. That on divers occasions in or about the months of August, September and October, one thousand eight hundred and sixty , the said A. B., at aforesaid, committed adultery with E. F., who was then living in the service of the said A. B. and your petitioner at their said residence aforesaid. 4. That on divers occasions in the months of October, November and December, one thousand eight hundred and sixty , the said A. B., at aforesaid, committed adultery with G. H., who was then living in the service of the said A. B. and your petitioner at their said residence aforesaid. 5. That no collusion or connivance exists between your petitioner and the said A. B. with respect to the subject of the present suit. Your petitioner, therefore, prays that this (Hon'ble) Court will decree a judicial separation to your petitioner from her said husband by reason of his aforesaid adultery. (Signed) C. B. (b) Form of Verification See No. 1. -------------- No. 6.-Statement in answer to No. 5 In the (High) Court of B. against The day of The respondent, A. B. by W. Y., his attorney [or vakil] saith,- 1.That Tic denies that lie committed adultery with E. F. as in the third paragraph of the petition alleged. 2. That the petitioner condoned the said adultery with E. F, if any. 3. That he denies that he committed adultery with G. H., as in the fourth paragraph of the petition alleged. 4.That the petitioner condoned the said adultery with G. H., if any. wherefore this respondent prays that this (Hon'ble) Court will reject the prayer of the said petition. (Signed) A. B. ----------- No.

7.-Statement in reply to No. 6 In the (High) Court of B. against B The day of The petitioner, C. B. by her attorney [or vakil] says- 1. That ,he denies that she condoned the said adultery of the respondent with E.F as in the second paragraph of the statement in answer alleged. 2. That even if she had condoned the said adultery, the same has been revived by the subsequent adultery of the respondent with G. H. as set forth in the fourth paragraph of the Petition. (Signed) C. B. ----------------------------------------------------------------------- (a). State the respective ages of the children. (b) The petition must be signed by the petitioner. ----------------------------------------------------------------------- 67 No.

8.--PETITION for a judicial separation by reason of cruelty (See section 22) In the (High) Court of To the Hon'ble Mr. Justice [or To the judge of ] The day of 186 . The petition of A. B. (wife of C. B.) of SHEWETH, 1.That on the day of , one thousand eight hundred and your petitioner, then A. D., spinster,was lawfully married to C. B., at 2. That from her said marriage, your petitioner lived and cohabited with her said husband at until the day of , one thousand eight hundred and , when your petitioner separated from her said husband as hereinafter more particularly mentioned, and that your petitioner and her said husband have had no issue of their said marriage. 3. That from and shortly after your petitioner's said marriage, the said C.B. habitually conducted himself towards your petitioner with great harshness and cruelty, frequently abusing her in the coarsest and most insulting language, and beating her with his fists, with a cane, or with some other weapon. 4.That on an evening in or about the month of one thousand eight hundred and the said C. B. in the highway and opposite to the house in which your petitioner and the said C.B., were then residing at aforesaid, endeavoured to knock your petitioner down, and was only prevented from so doing by the interference of F. D,, your petitioner's brother. 5. That subsequently on the same evening, the said C. B. in his said house at aforesaid, struck your petitioner with his clenched fists a violent blow on her face. 6. That on one Friday night in the month of one thousand eight hundred and , the said C. B., in without provocation, threw a knife at your petitioner, thereby inflicting a severe wound on her right hand. 7. That on the afternoon of the day of one thousand eight hundred and , your petitioner, by reason of the great and continued cruelty practiced towards her by her said husband, with assistance withdrew from the house of her said husband to the house of her father at and after the said day of one thousand eight hundred and your petitioner hath lived separate and apart from her said husband, and hath never returned to his house or to cohabitation with him.

8. That there is no collusion or connivance between your petitioner and her said husband with respect to the subject of the present suit. Your Petitioner, therefore, prays that this (Hon'ble) Court will decree a judicial separation between your petitioner and the said C. B., and also order that the said C. B. do pay the costs of and incident to these proceedings. (Signed) A. B. Form of Verification : See No. 1. ------------ No.

9.- Statement in answer to No.8 In the (High) Court of The day of Between A. B., petitioner, and C B., respondent. C. B., the respondent, in answer to the petition filed in this cause by W. J. his attorney (or vakil) saith that he denies that he has been guilty of cruelty towards the said A. B., as alleged in the said petition. (Signed) C. B,. ------------ 68 No.

10.-PETITION for reversal of decree of separation (See section 24) In the (High) Court of To the Hon'ble Mr. Justice [or To the Judge of ]. The day of 186 . The petition A. B., of SHEWETH 1. That your petitioner was on the day of lawfully married to . 2. That on the day of this(Hon'ble) Court at the petition of pronounced a decree affecting the petitioner to the effect following, to wit,- [Here set out the decree.) 3. That such decree was obtained in the absence of your petitioner, who was then residing at [State facts tending to show, that the petitioner did not know of the proceedings; and, further, that had he known he might have offered a sufficient defence.) or That there was reasonable ground for your petitioner leaving his said wife, for that his said wife [Here state any legal grounds justifying the petitioner's separation from his wife. ] Your petitioner, therefore, prays that this (Hon'ble) Court will reverse the said decree. (Signed) .A. B. Form of Verification : See No. 1. ------------------- No.

11.-PETiTION for Protection-order (See section 27) In the (High) Court of To the Hon'ble Mr. Justice of ]. The [or To the Judge The day of 186 . The petition of C. B., of the wife of A. B. SHEWETH, That on the day of she was lawfully married to A. B., at That she lived and cohabited with the said A. B. for years at , and also at and hath had children, issue of her said marriage, of whom are now living with the applicant, and wholly dependent upon her earnings. That on or about , the said A. B., without any reasonable cause deserted the applicant, and hath ever since remained separate and apart from her. That since the desertion of her said husband, the applicant hath maintained herself by her own industry [or on her own property. as the case may be], and hath thereby and otherwise acquired certain Property consisting of [here state generally the nature of the property]. Wherefore she prays an order for the protection of her earnings and property acquired since the said, day of from the said 4. B., and from all creditors and persons claiming under him. (Signed) C. B. < 69 No.

12.-PETITION for Alimony pending the suit (See section 36) In the (High) Court of B. against B. To the Hon'ble Mr. Justice [or To the Judge of ]. The day of 186 . The petition of C.B., the lawful wife of A. B. SHEWETH, 1. That the said A. B., has for 'some years carried on the business of , at , and from such business derives the nett annual income of from Rs. 4,000 to 5,000. 2.That the said A. B. is possessed of plate,furniture, linen and other effects at his said house, aforesaid, all of which he acquired in right of your petitioner as his wife, or purchased with money he acquired through her, of the value of Rs. 10,000. 3.That the said A. B. is entitled, under the will of his father, subject to the life interest of his mother there in to property of the value of Rs. 5,000 or some other considerable amount (a). Your petitioner, therefore, prays that this (Hon'ble) Court will decree such sum or sums of money by way of alimony, pending the suit, as to this (Hon'ble) Court may seem fit. (Signed) C. B. Form of Verification : See No. 1 ------------ No.

13.-Statement in answer to No. 12. In the (High) Court of B. against B. A.B., of the above-named respondent, in answer to the petition for alimony, pending,. the suit, of C. B., says-- 1. In answer to the first paragraph of the said petition, I say that I have for the last three years carried, on the business of , at and that,from such business, I have derived a nett annual income of Rs. 900, but less than Rs. 1,000. 2.In answer to the second paragraph of the said petition, I say that I am possessed of plate, furniture, linen and other chattels and effects at my said house aforesaid, of the value of Rs. 7,000, but as I verily believe of no larger value. And I say that a portion of the said plate, furniture and other chattels and effects of the value of Rs. 1,500, belonged to my said wife before our marriage, but the remaining portions thereof I have since purchased with my own monies. And I say that, save as hereinbefore set forth, I am not possessed of the plate and other effects as alleged in the said paragraph in the said petition, and that I did not acquire the same as in the said petition also mentioned. 3. I admit that I am entitled under the will of my father, subject to the life-interest of my mother therein, to property of the value of Rs. 5,000, that is to say, I shall be entitled under my said father's will, upon the death of my mother to a legacy of Rs. 7,000, out of which I shall, have to pay to my father's executors the sum of Rs. 2,000 the amount of a debt owing by me to his estate, and upon which debt I am now paying interest at the rate of five percent. per annum. 4. And, in further answer to the said petition. I say that I have no income whatever except that derived from my aforesaid business, that such income, since my said wife left me, which she did on the day of last, has been considerably diminished, and that such diminution is likely to continue. And I say that out of my said income, I have to pay the annual sum of Rs. 100 for Such interest as aforesaid to my late father's executors, and also to support myself and my two oldest children. ---------------------------------------------------------------------- (a) The Petitioner should state her husband's income as accurately as possible. ---------------------------------------------------------------------- 70 5.And in further answer to the said petition, I say that,when my wife left, my dwelling-house on the day of last, she took with her, and has ever since withheld and still withholds from me, plate, watches and other effects in the second paragraph of this my answer mentioned, of the value of, as I verily believe, Rs. 800 at the least; and I also say that, within five days of her departure from my house as aforesaid, my said wife received bills due to me from certain lodgers of mine, amounting in the aggregate to Rs. and that she has ever since withheld add still withholds from me the same sum. (Signed) A. B. No.

14.-UNDERTAKING by minor's next friend to be answerable for respondent's costs. (See section 49.) In the (High) Court of I, the undersigned A. B., of being the next friend of C. D. who is a minor, and who is desirous of filing a petition in this Court, under the Indian Divorce Act, against D. D. of ,hereby undertake to be responsible for the costs of the said D.D. in such suit, and that, if the said C.D. fail to pay to the said D.D. when and in such manner as the Court shall order all such costs of such suit as the Court shall direct him (or her] to pay to the said D. D.I will forthwith pay the same to the proper officer of this Court. Dated this day of 186 . (Signed) A. B. ----------------- ? STATEMENT OF OBJECTS AND REASONS THE object of this Bill is to place the Matrimonial Law administered by the High Courts, in the exercise of their original jurisdiction, on the same footing as the Matrimonial Law administered by the Court for Divorce and Matrimonial Causes in England. The 9th Section of the Act of Parliament for establishing High Courts of Judicature in India (24 & 25 Vic., Ch. 10 (4) provides that the High Courts shall exercise such Matrimonial Jurisdiction as Her Majesty by Letters Patent shall grant and direct. Under the authority thus conferred by Parliament, the 35th Section of the Letters Patent, constituting the High Courts of Judicature, provides as follows:- "And we do further ordain that the said High Court of Judicature at Fort William in Bengal shall have Jurisdiction in matters matrimonial between our subjects professing the Christian religion, and that such Jurisdiction shall extend to the local limits within which the Supreme Court now has Ecclesiastical Jurisdiction. Provided always that nothing herein contained shall be held to interfere with the exercise of any Jurisdiction in matters Matrimonial by any Court not established by Royal Charter within the said Presidency lawfully possessed thereof." Letter from Secretary of State, Judicial No. 24, dated 14th May, 1862. In the Despatch of the Secretary of State transmitting the Letters Patent, the 33rd and 34th paragraphs are to the following effect:- 33."Her Majesty's Government are desirous of placing the Christian subjects of the Crown within the Presidency in the same position under the High Court, as to matters matrimonial in general, as they now are under the Supreme Court, and this they believe, to be effected by Clause 3 5 of the Charter. But they consider it expedient that the High Court should possess, in addition, the power of decreeing divorce which the Supreme Court does not possess, in other words, that the High Court should have the same Jurisdiction as the Court for Divorce and Matrimonial Causes in England, established in virtue of Act 20 and 21 Vic., C. 85 and in regard to which further provisions were made by 22 and 23 Vic., C. 61, and 23 and 24 Vic., C. 144. The Act of Parliament for establishing the High Courts, however, does not purport to give to the Crown the power of importing into the Charter all the provisions of the Divorce Court Act, and some of them, the Crown clearly could not so import, such, for instance, as those which prescribe the period of re-marriage, and those which exempt from punishment clergymen refusing to re-marry adulterers. All these are, in truth, matters for Indian legislation, and I request that you will immediately take the subject into your consideration, and introduce into your Council a Bill for conferring upon the High Court, the Jurisdiction and Powers of the Divorce Court in England, one of the provisions of which should be to give an appeal to the Privy Council in those cases in which the Divorce Court Act gives an appeal to the House of Lords." 34."The object of the provision at the end of Clause 35 is to obviate any doubt that may possibly arise as to whether, by vesting the High Court with the powers of the Court for Divorce and Matrimonial Causes in England, it was intended to take away from the Courts within the division of the Presidency, not established by Royal Charter, any Jurisdiction which they might have in matters matrimonial, as for instance in a suit for alimony between Armenians or Native Christians. With any such Jurisdiction it is not intended to interfere." In addition to the Act of Parliament mentioned by the Secretary of State as regulating the Jurisdiction of the English Divorce Court, the Statute 25 & 26 Vic., Ch. 81 has been passed in the year just expired (1862). The object of this Statute is to render perpetual 23 and 24 Vic., Ch. 144, the duration of which had been originally limited to two years. The Draft of a Bill has been prepared to give effect to the Secretary of State's instructions but some variations from the English Statutes in respect of Procedure have been adopted. With a view to uniformity in practice in the several branches of Jurisdiction, the Bill provides that the Procedure of the Code of Civil Procedure shall be followed, instead of the Rules of Her Majesty's Court for Divorce and Matrimonial Causes in England, and it omits the provision in 20 and 21 Vic., Ch. 85 respecting the occasional trial of questions of fact by Juries. In respect of fees, it has been considered that the Act XX of 1862, (lately continued_by the Governor-General in Council for another year), renders special legislation unnecessary. The power of intervening in suits, given by 23 and 24 Vic., Ch. 144, to the Attorney General and the Queen's Proctor is, in this Bill, given to the Advocate General and the Solicitor to Government. There are also other variations of a minor and verbal character. < 72 The Draft Bill having been submitted to the Judges of the several High Courts, with a request that they would favour the Government with their opinions on it, communications have been received, and will be laid before the Council, from the Judges at Calcutta and Bombay. In these letters there are several important suggestions, and the Honorable the Chief Justice of the High Court at Calcutta has intimated that he considers it doubtful whether decrees by the High Court under the proposed Act, dissolving the marriages of persons who have been married in England, would have legal effect there. The question is one of considerable difficulty as well as of great importance, and has been stated to the Secretary of State, with the view of obtaining the opinion of Her Majesty's Law officers, and, if necessary, some legislative measure to remove all doubt. 1st January, 1863. HENRY S. MAINE. {}