The Divorce Act, 1869 was enacted during British rule in India to provide a legal framework for divorce among Christians and later extended to other communities. It was based on English divorce laws and allowed dissolution of marriage on grounds like adultery, cruelty, or desertion. The Act established civil courts to handle divorce cases, replacing ecclesiastical jurisdiction. It also addressed alimony, child custody, and restitution of conjugal rights. Over time, amendments were made to modernize its provisions, but it remained the primary law governing Christian divorces in India until the Indian Divorce (Amendment) Act, 2001 introduced reforms.
Key Provisions:
Regulates divorce, judicial separation, and nullity of marriage for Christians.
Specifies grounds like adultery, cruelty, desertion (2+ years), conversion, or incurable insanity.
Provides for alimony (maintenance) and child custody.
Allows appeals to higher courts against divorce decrees.