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Indian Divorce Act India

THE INDIAN DIVORCE ACT, 1869

III-DISSOLUTION OF MARRIAGE

10. Grounds for dissolution of marriage,- (1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent-

(i)                 has committed adultery; or

(ii)               has ceased to be Christian by conversion to another religion; or

(iii)              has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or

1. S.10 was subs. By Central Act 51 of 2001, w.e.f. 3.10.2001

(iv)             has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or

(v)              has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or

(vi)             has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or

(vii)           has willfully refused to consummate the marriage and the marriage has not therefore been consummated; or

(viii)          has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or

(ix)             has deserted the petitioner for al least two years immediately preceding the presentation of the petition; or

(x)               has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.

(2) A wife may also present a petition for the dissolution of her marriage on the ground  that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.

Note: Prior to the amendment the Section 10 was read as follows:-

“10. When husband may petition for dissolution,- Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been “guilty of adultery”.

      When wife may petition for dissolution,- Any wife may present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the ground that, since, the solemnization thereof, her husband has exchanged the profession of Christianity for the profession of some other religion, and gone through a form marriage with another woman;

Or has been guilty of incestuous adultery

Or of bigamy with adultery,

Or of marriage with another woman with adultery,

Or of rape, sodomy or bestiality,

Or of adultery coupled with such cruelly as without adultery would have entitled her to a divorce a mensa et toro,

 Or of adultery coupled with desertion, without reasonable excuse, for two years or upwards.

Contents of petition,- Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded “

10-A. Dissolution of marriage by mutual consent,- (1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment)  Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.

(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen by both the parties in the meantime, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fir, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree.



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