The Divorce Act, 1869

Section 4. And, in further answer to the said petition, I say that I have no income whatever except that derive

In force · As amended up to 2026-08

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 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. 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. 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. 4. That on diverse occasions in the months of October , November and December, one thousand eight hundred and sixty the said A.B .,at 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. 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 —

Source: India Code