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Divorce Act, 1869

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  2. Bare Acts
  3. Divorce Act, 1869
  4. Chapter CHAPTER 3

Chapter 3

DISSOLUTION OF MARRIAGE

1/10
Section 10

Grounds for dissolution of marriage.

1[10. Grounds for dissolution of marriage.--

(1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 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
  • 2******
  • (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 wilfully 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 at 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.]


Footnote

  1. Subs. by Act 51 of 2001, s. 5, for section 10 (w.e.f. 3-10-2001).
  2. Clause (iv) omitted by Act 6 of 2019, s. 2 (w.e.f. 1-3-2019).


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2: JURISDICTION

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