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Section 61 of The Divorce Act, 1869

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.

Summary

The Act completely bans anyone from filing a lawsuit for "criminal conversation".
Criminal conversation was an old type of lawsuit where a person could sue their spouse's affair partner for damages.
This ban applies to any person who is legally competent to present a divorce or nullity petition under Section 2 and Section 10 of the Act.

Practical examples

1Thomas discovers his wife had an affair with a neighbour. Because Thomas is eligible to file for divorce under the rules of the Act, Section 61 strictly forbids him from suing the neighbour for criminal conversation in a civil court.

2A husband wants to demand financial compensation from his wife's lover using the concept of criminal conversation. The judge immediately dismisses the case because the Act banned this specific type of lawsuit the moment it came into operation.

FAQ

1. What is a suit for criminal conversation?

It is an old legal action where a husband could sue his wife's lover for damages, which this section permanently bars.

2. When did this rule start applying?

It applied immediately after the Act came into operation.

Test yourself

Q1.Under Section 61 of The Divorce Act, 1869, what specific legal action is a person permanently barred from maintaining?

Q2.Under Section 61 of The Divorce Act, 1869, when does the bar against bringing a suit for criminal conversation legally begin?

Q3.Section 61 of The Divorce Act, 1869, states that the ban on suits for criminal conversation applies to persons competent to present a petition under Section 2. Under Section 2 of The Divorce Act, 1869, what religious condition must be met for a court to grant relief, thereby making the person subject to this ban?

Q4.Section 61 of The Divorce Act, 1869, bars suits for criminal conversation by persons competent to present a petition under Section 10. Under Section 10 of The Divorce Act, 1869, which of the following is a valid ground for a husband or wife to present a petition for dissolution of marriage?

Q5.Under Section 61 of The Divorce Act, 1869, what happens if a person is perfectly competent to file for divorce under Sections 2 and 10, and tries to sue their spouse's lover for criminal conversation anyway?

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