Indian Divorce Act, 1869
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 court’s 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.