INDIAN DIVORCE ACT, 1869

DISSOLUTION OF MARRIAGE

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—

1. has committed adultery; or
2. has ceased to be Christian by conversion to another religion; or
3. has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or
4. 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
5. 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
6. has not been heard of as being alive for a period of seven years or more by those who would naturally have heard of the respondent if the respondent had been alive; or
7. has wilfully refused to consummate the marriage and the marriage has not therefore been consummated; or
8. 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
9. has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or
10. 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.]

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 six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the meantime, the court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, 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.

Nullity of marriage

Petition for decree of nullity

Any husband or wife may present a petition to the District Court [***] praying that his or her marriage may be declared null and void. Grounds of decree. – Such decree may be made on any of the following grounds, ---

(1) that the respondent was impotent at the of the marriage and at the time of the institution of the suit;

(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity;

(3) that either party was a lunatic or idiot at the time of marriage;

(4) that the former husband or wife of either party was living at the time of the marriage, and the marriage with such former husband or wife was then in force.

Nothing in this section shall affect the [ jurisdiction of the District Court] to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.

JUDICIAL SEPARATION

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, and such other legal effect as hereinafter mentioned.

Application for separation made by petition---

Application for judicial separation on any of the grounds aforesaid, may be made by either husband or wife by petition to the District Court, [***] and the court, on being satisfied of the truth of the statements made in such a petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.