38. Court may direct payment of alimony to wife or to her trustee.—
In all cases in which the
Court makes any decree or order for alimony, it may direct the same to be paid either to the wife
herself, or to any trustee on her behalf to be approved by the court, and may impose any terms or
restrictions which to the Court seem expedient, and may from time to time appoint a new trustee, if it
appears to the Court expedient so to do.
X.—SETTLEMENTS
39. [Power to order settlement of wife’s property for benefit of husband and children].—[Omitted
by the Indian Divorce (Amendment) Act, 2001 (51 of 2001), s. 23 (w.e.f. 3-10-2001)].
40. Inquiry into existence of ante-nuptial or post-nuptial settlements.—1[The District Court
may, before passing a decree for dissolution of the marriage or a decree of nullity of marriage, inquire
into]the existence of ante-nuptial or post-nuptial settlements made on the parties whose marriage is
the subject of the decree, and may make such orders, with reference to the application of the whole or
a portion of the property settled, whether for the benefit of the husband or the wife, or of the children
(if any) of the marriage, or of both children and parents, as to the Court seems fit:
Provided that the Court shall not make any order for the benefit of the parents or either of them at
the expense of the children.
XI.—CUSTODY OF CHILDREN
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 thinks fit, direct proceedings to be taken for placing such children
under the protection of the said Court:
2
[Provided that the application with respect to the maintenance and education of the minor children
pending the suit, shall, as far as possible, be disposed of within sixty days from the date of service of
notice on the respondent.]
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
provisions, 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.—3[In
any suit for obtaining a dissolution of marriage or a decree of nullity of marriage instituted in a
District Court, the Court may from time to time before making its decree, make such interim orders as
it may deem 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 thinks 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.—4[Where a decree of dissolution
or nullity of marriage has been passed, the District Court may, upon application] by petition for the
purpose, make from time to time all such orders and provisions, with respect to the custody,
maintenance and education of the minor children, the 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
1. Subs. by Act 51 of 2001, s. 24, for certain words (w.e.f. 3-10-2001).
2. Ins. by Act 49 of 2001, s. 3 (w.e.f 24-9-2001).
3. Subs. by Act 51 of 2001, s. 25, for certain words (w.e.f. 3-10-2001).
4. Subs. by, s. 26, ibid., for certain words (w.e.f. 3-10-2001).
13
been made by such decree absolute or decree (as the case may be), or by such interim orders as
aforesaid.
XII.—PROCEDURE
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 1 [Code of Civil
Procedure, 1908 (5 of 1908)].
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 party to the marriage.
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.
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 4*** 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 5[India], in such manner as the High Court by general or special
order from time to time directs.
Provided 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 subject 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 cruelty or desertion.—On any
petition presented, 6[by a husband or a wife, praying that his or her marriage may be dissolved by
reason of his wife or her husband, as the case may be, having been guilty of adultery, cruelty or
desertion], the husband and wife respectively shall be competent and compellable to give evidence of
or relating to such cruelty or desertion.
1. Subs. by Act 51 of 2001, s. 27, for “Code of Civil Procedure” (w.e.f. 3-10-2001).
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, s. 2 and the Schedule III.
3. The words “in the first, second and third cases mentioned in this section,” rep. by Act 7 of 1870, s. 2 and the Schedule III.
4. The words “shall bear a stamp of eight annas and” rep. by Act 7 of 1870, s. 2 and the Schedule III.
5. Subs. by the A.O. 1950, for the Provinces, which had been substituted by the A.O. 1948, for “British India”.
6. Subs. by Act 51 of 2001, s. 28, for certain words (w.e.f 3-10-2001).
14
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 decree.—All decrees and orders made by the
Court in any suit or proceedings 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 being in force:
1
* * * * *
No appeal as to costs. — [Provided] that there shall be no appeal on the subject of costs only.
2
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].
XIII.—RE-MARRIAGE.
4
[57. Liberty to parties to marry again.—Where a decree for dissolution or nullity of marriage
has been passed and either the time for appeal has expired without an appeal having been presented to
any court including the Supreme Court or an appeal has been presented but has been dismissed and
the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry
again.]
58. English clergyman not compelled to solemnize marriages of persons divorced for
adultery.—No clergyman in Holy Orders of the 5*** Church of England 6*** 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. — When any
Minister of any Church or Chapel of the said 5*** 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.
XIV.—MISCLLANEOUS
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 time since the making of the
1. The first proviso omitted by Act 51 of 2001, s. 29 (w.e.f. 3-10-2001).
2. Subs. by s. 29, ibid., for “Provided also” (w.e.f. 3-10-2001).
3. Subs. by the A.O. 1950, for “Her Majesty in Council”.
4. Subs. by Act 51 of 2001, s. 30, for section 57 (w.e.f. 3-10-2001).
5. The word “United” rep. by Act 12 of 1873, s. 1 and the Schedule.
6. The words “and Ireland” rep. by s. 1, ibid. and the Schedule.
15
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
the1[Code of Civil Procedure, 1908 (5 of 1908)].
All such rules, alteration and additions shall be published in the Official Gazette.
1. Subs. by Act 51 of 2001, s. 31, for “Code of Civil Procedure” (w.e.f. 3-10-2001).
16
THE SCHEDULE
______________
SCHEDULE OF FORMS
No. 1. —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 married, 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 diverse 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 committed 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.
(a)
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 diverse 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.
17
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
committed 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.—PETTION 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 , 186 .
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 , your petitioner lived
and cohabited with the said C.D., at diverse 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 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 this suit.
Your petitioner therefore prays 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 To the Hon’ble Mr. Justice
[or
To the Judge of ].
The 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, then C.D., was lawfully
married to A.B., at the Church of , in the
18
2. That after her said marriage, your petitioner cohabited with the said A.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 diverse 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 diverse occasions in the months ofOctober, Novemberand 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 B.
The day of
The respondent, A.B. by W.Y., his attorney [or vakil] saith, —
1. That he denies that he 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 she 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.
19
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 practised towards her by her said husband, with assistance withdrew from the house of
her said husband to the house of her father at that from 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.
_______
20
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 of 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 Verifications: See No. 1.
________
No. 11.—PETITION for Protection-order
(See section 27)
In the (High) Court of To the
Hon’ble Mr. Justice [or To the Judge of
].
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 remined 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 A.B.,
and from all creditors and persons claiming under him.
(Signed) C.B.
______
21
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 net annual income of
from Rs. 4,000 to 5000.
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
therein 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 meet.
(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 net 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 per cent 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
22
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 and 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., will forthwith pay the same to the proper officer of this court.
Dated this. day of 186 .
(Signed) A.B.
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