Indian Divorce Act: Section 9 – Reference to High Court

When any question of law or usage having the force of law arises at any point in the proceedings previous to the hearing of any suit under this Act by a District Court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon,

the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the case and refer it, with the Courts own opinion thereon, to the decision of the High Court.

If the question has arisen previous to or in the hearing, the District Court may either stay such proceedings, or proceed in the case pending such reference, and pass a decree contingent upon the opinion of the High Court upon it.

If a decree or order has been made, its execution shall be stayed until the receipt of the order of the High Court upon such reference.

Simplified Explanation

This section provides a mechanism for District Courts to seek guidance from the High Court on complex questions of law or legal usage that may arise during matrimonial proceedings under the Act. Let’s break it down:

1. When Can a Reference Be Made?

• A District Court may refer a case to the High Court when:
  • A question of law or legal usage with the force of law arises during proceedings under the Act.
  • Such questions can arise:
    • Before the hearing of the case.
    • During the hearing of the case.
    • During the execution of a decree or order.
• Initiation of Reference:
  • The reference can be made:
    • By the District Court’s own motion (suo moto).
    • On the application of any party involved in the case.

2. Process of Reference:

• Statement of Case:
  • The District Court must:
    • Draw up a statement of the case explaining the question of law or usage.
    • Include the court’s own opinion on the matter in the reference.
    • Send it to the High Court for a decision.

3. Action by the District Court While Awaiting High Court’s Decision:

• If the question arises before or during the hearing:
  • The District Court may:
    • Stay the proceedings until the High Court provides its opinion.
    • Or, proceed with the case, passing a decree that is contingent upon the High Court’s decision.
• If the question arises after a decree or order has been made:
  • The execution of the decree or order is stayed until the High Court’s opinion is received.

4. Purpose of Section 9:

1. Clarity on Complex Legal Issues:
   • This section ensures that District Courts can handle cases involving challenging or unclear legal questions by seeking the High Court’s authoritative interpretation.
2. Uniformity in Legal Application:
   • By referring questions of law to the High Court, this section promotes consistency in legal rulings.
3. Prevention of Errors:
   • It reduces the likelihood of incorrect decisions or judgments in cases involving complex legal principles.

Key Takeaways:

• District Courts can refer questions of law or legal usage to the High Court during any stage of matrimonial proceedings.
• The District Court may stay proceedings or pass contingent decrees based on the High Court’s forthcoming opinion.
• Execution of decrees is stayed when the question arises after the decree is made, pending the High Court’s decision.

This provision underscores the supervisory role of High Courts in ensuring accurate and consistent application of matrimonial laws.