Indian Divorce Act IDA 14 Miscellaneous

A 'Bare act' is the actual legislation passed by the Parliament of India. Generally, an act sets out the high level legal and policy principles applicable to the subject matter of the law.

Most acts are accompanied by 'subsidiary legislation' such as rules, regulations, notifications and orders; which address the actual implementation detail of the act.

Indian Divorce Act, 1869

Indian Divorce Act, 1869

Chapter XIV – Miscellaneous

Section 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. – 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.

Section 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.

Section 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 Procedure. All such rules, alterations and additions shall be published in the Official Gazette.

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