Section 5 of The Divorce Act, 1869
Any decree or order of the late Supreme Court of Judicature at Calcutta, Madras or Bombay sitting on the ecclesiastical side, or of any of the said High Courts sitting in the exercise of their matrimonial jurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by the said High Courts, respectively, as hereinafter mentioned, in like manner as if such decree or order had been originally made under this Act by the Court so enforcing or dealing with the same.
Summary
- This section deals with old decrees or orders made before the Act existed.
- It applies to orders from the late Supreme Court of Judicature at Calcutta, Madras, or Bombay when sitting on the ecclesiastical side.
- It also applies to old matrimonial orders made by the High Courts.
- These old decrees and orders can be enforced and dealt with by the High Courts exactly as if they were originally made under this new Act.
Practical examples
FAQ
1. What if I have a court order from before this Act was passed?
Your old order is still valid. The High Courts can enforce it just as if it had been made under the new Act.
2. Which specific historical courts are mentioned in this section?
The section mentions the late Supreme Court of Judicature at Calcutta, Madras, or Bombay sitting on the ecclesiastical side.
3. Do old decrees from the Bombay Supreme Court still count?
Yes, old decrees from the late Supreme Court at Bombay on the ecclesiastical side can be enforced.
Test yourself
Q1.Under Section 5 of The Divorce Act, 1869, decrees from which three late Supreme Courts of Judicature are specifically mentioned for enforcement?
Q2.Under Section 5 of The Divorce Act, 1869, how must the High Courts enforce these older decrees and orders?
Q3.Under Section 5 of The Divorce Act, 1869, what specific jurisdiction were the late Supreme Courts exercising when they made the orders that can now be enforced?
Q4.Under Section 5 and Section 1 of The Divorce Act, 1869, if a party wishes to enforce an 1865 decree from the Madras Supreme Court on March 15, 1869, what is the result?