Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife
Section 22 of the Divorce Act, 1869 deals with bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife. No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law The Act came into force on 26 Apr 1869.
No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion 1 *** for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law, and such other legal effect as here in after mentioned.
Section 22, The Divorce Act, 1869 (Act 4 of 1869).
Questions about Section 22
What does Section 22 of the Divorce Act deal with?
Section 22 of the Divorce Act is headed "Bar to decree for divorce a mensa et toro; but judicial separation obtainable by husband or wife". No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law
How do I find court cases under Section 22 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 22, section 22 Divorce Act 1869, section 22 of the Divorce Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When did Section 22 of the Divorce Act come into force?
Section 22 of the Divorce Act, cited as Divorce Act 1869 22, 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 15 Oct 2026. This page is not a substitute for legal advice.