All suits and proceedings in causes and matters matrimonial, which when this Act comes into operation are pending in any High Court, shall be dealt with and decided by such court, so far as may be, as if they had been originally instituted therein under this Act.
Simplified Explanation
This section addresses the treatment of matrimonial suits and proceedings that were already pending in High Courts at the time the Indian Divorce Act, 1869, came into force. Let’s break it down:
1. Applicability:
- This provision applies to all matrimonial suits and proceedings that:
- Were pending in any High Court when the Act came into effect on April 1, 1869.
- Include causes and matters such as divorce, judicial separation, nullity of marriage, or restitution of conjugal rights.
2. How Pending Suits Are to Be Dealt With:
- These pending cases are to be:
- Dealt with: The High Court must proceed with these cases under the procedures and provisions of the Indian Divorce Act.
- Decided: The final decisions in such cases must comply with the rules, jurisdictional guidelines, and remedies outlined in this Act.
- As if Instituted Under the Act:
- The pending suits are treated as though they were originally filed under the Indian Divorce Act.
- This ensures uniformity in handling all matrimonial cases, whether initiated before or after the Act came into force.
Purpose of Section 6:
- Seamless Transition:
- Provides for a smooth transition from the legal system and rules that existed before the Act to the new framework established by the Indian Divorce Act.
- Prevents any disruption or delay in the resolution of cases already underway.
- Uniform Application:
- Ensures that all pending matrimonial cases are resolved according to the same set of rules, avoiding discrepancies between old and new systems.
- Efficiency:
- Eliminates the need to refile or restart pending cases, saving time and resources for both litigants and the courts.
Key Takeaways:
- All matrimonial cases pending in High Courts when the Act came into force are to be decided under the provisions of the Indian Divorce Act, 1869.
- Pending cases are treated as if they were originally filed under this Act, ensuring consistency in judicial processes.
- This section reflects the Act’s intent to create a unified and comprehensive legal framework for matrimonial matters.
