Indian Divorce Act: Section 3 – Interpretation-clause

In this Act, unless there be something repugnant in the subject or context, —

(1) “High Court”.– “High Court” means with reference to any area:–

(a) in a State, the High Court for that State;

[(b) in Delhi, the High Court of Delhi;

(bb) in Himachal Pradesh, the High Court of Punjab and Haryana up to and inclusive of the 30th April, 1967 and the High Court of Delhi thereafter];

(c) in Manipur and Tripura, the High Court of Assam;

(d) in the Andaman and Nicobar Islands, the High Court at Calcutta;

(e) in 3[Lakshadweep], the High Court of Kerala;

(ee) in Chandigarh, the High Court of Punjab and Haryana];

and in the case of any petition under this Act, “High Court” means the High Court for the area where the husband and wife reside or last resided together;

(2) “District Judge” means a Judge of a principal civil court of original jurisdiction however designated]:

(3) “District Court” means, in the case of any petition under this Act, the court of the District Judge within the local limits of whose ordinary jurisdiction, 6[or of whose jurisdiction under this Act the marriage was solemnized or] the husband and wife reside or last resided together;

(4) “Court” means the High Court or the District Court, as the case may be;

(5) “minor children” means, in the case of sons of Native fathers, boy, who have not completed the age of sixteen years, and, in the case of daughters of Native fathers, girls who have not completed the age of thirteen years; In other cases it means unmarried children who have not completed the age of eighteen years;

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(8) “marriage with another woman” means marriage of any person, being married, to any other person, during the life of the former wife, whether the second marriage shall have taken place within 9[India] or elsewhere;

(9) “desertion”, implies an abandonment against the wish of the person charging it; and

(10) “property” includes in the case of a wife, any property to which she is entitled for an estate in remainder or reversion or as a trustee, executrix or administratrix; and the date of the death of the testator or intestate shall be deemed to be the time at which any such wife becomes entitled as executrix or administratrix.

Simplified Explanation

This section provides the definitions and interpretations of key terms used throughout the Act, ensuring clarity and uniformity in its application. Let’s analyze each subsection in detail:

1. “High Court”:

• Defines the term “High Court” as the judicial authority based on the territorial area where a case is filed:
  • In a State: The High Court of that State.
  • In Delhi: The Delhi High Court.
  • In Himachal Pradesh:
    • Till April 30, 1967: The Punjab and Haryana High Court.
    • After this date: The Delhi High Court.
  • In Manipur and Tripura: The Assam High Court.
  • In Andaman and Nicobar Islands: The Calcutta High Court.
  • In Lakshadweep: The Kerala High Court.
  • In Chandigarh: The Punjab and Haryana High Court.
• Special Clause for Cases Under this Act:
  • The “High Court” refers to the High Court in the area where:
    • The husband and wife currently reside or
    • The husband and wife last resided together.

2. “District Judge”:

• Refers to a judge of the principal civil court of original jurisdiction in a district, regardless of their designation.
  • This is the primary authority handling petitions under this Act in non-High Court jurisdictions.

3. “District Court”:

• The District Court is defined as the court of the District Judge that has jurisdiction over:
  1. The local limits where the marriage was solemnized,
  2. The place where the husband and wife currently reside, or
  3. The place where the husband and wife last resided together.

4. “Court”:

• Refers to either the High Court or the District Court, depending on the context and jurisdiction of the case.

5. “Minor Children”:

• For sons of Native fathers: Boys under 16 years of age.
• For daughters of Native fathers: Girls under 13 years of age.
• For all other cases: Unmarried children under 18 years of age.
  • Note: “Native fathers” was a term reflective of colonial-era legal terminology, distinguishing between different cultural or local practices.

6. “Marriage with Another Woman”:

• Refers to bigamy:
  • A marriage by an individual who is already married and whose previous spouse is alive.
  • It applies regardless of whether the second marriage occurred within India or outside India.

7. “Desertion”:

• Defined as the abandonment of one spouse by the other against the will of the person being abandoned.

8. “Property”:

• In the context of a wife, “property” includes:
  • Property she is entitled to as:
    • An estate in remainder (property she will inherit in the future).
    • An estate in reversion (property reverting to her after a prior estate ends).
    • As a trustee, executrix, or administratrix.
  • For property as executrix or administratrix, entitlement is calculated from the death of the testator or intestate.

Purpose and Significance of Section 3:

• Clarity: Provides precise meanings to terms to avoid ambiguities in legal proceedings.
• Contextual Adaptation: Ensures that terms are interpreted in accordance with the legal and social frameworks of the time.
• Jurisdiction and Applicability: Outlines which court (High Court or District Court) is responsible for handling petitions under specific circumstances.