Power of High Court to remove certain suits
Section 17 of the Divorce Act, 1869 deals with power of High Court to remove certain suits. During the progress of the suit in the Court of the District Judge, any person suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court by general or special order from time to time dire The Act came into force on 26 Apr 1869.
1[17. Power of High Court to remove certain suits.—During the progress of the suit in the Court of the District Judge, any person suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to apply to the High Court to remove the suit under section 8, and the Court shall thereupon, if it thinks fit, remove such suit and try and determine the same as a Court of original jurisdiction, and the provisions contained in section 16 shall apply to every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged collusion as may be necessary, to enable him to make a decree in accordance with the justice of the case].
Section 17, The Divorce Act, 1869 (Act 4 of 1869).
Cross-references
Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.
This section refers to
Questions about Section 17
What does Section 17 of the Divorce Act deal with?
Section 17 of the Divorce Act is headed "Power of High Court to remove certain suits". [17. Power of High Court to remove certain suits.—During the progress of the suit in the Court of the District Judge, any person suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court
How do I find court cases under Section 17 of the Divorce Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Divorce Act 1869 17, section 17 Divorce Act 1869, section 17 of the Divorce Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
What should I read with Section 17 of the Divorce Act, and has it changed?
Its own text turns on section 8 (Extraordinary jurisdiction of High Court), section 16 (Decrees for dissolution to be nisi), so none of them can safely be read on its own.
When did Section 17 of the Divorce Act come into force?
Section 17 of the Divorce Act, cited as Divorce Act 1869 17, came into force on 26 Apr 1869, having been enacted on 26 Jan 1869. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Interpretation-clause389 words
- 10. Grounds for dissolution of marriage296 words
- 60. Decree for separation or protection-order valid as to persons dealing with wife before reversal253 words
- 16. Decrees for dissolution to be nisi225 words
- 14. Power to Court to pronounce decree for dissolving marriage214 words
- 37. Power to order permanent alimony205 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 16 Oct 2026. This page is not a substitute for legal advice.