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Section 10-Divorce: Where Either of The Two Parties May Submit A Petition. The Following

The document summarizes the grounds for divorce under the Indian Divorce Amendment Act of 2001. There are 10 grounds listed: adultery, conversion to another religion, incurable unsound mind for two years, venereal diseases for two years, presumption of death, marriage not being consummated, prostitution of conjugal rights, desertion, cruelty, and committing rape, sodomy, or bestiality. The document provides details and examples for each ground through relevant court cases to further explain qualifications for divorce under Indian law.

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Anudha Singhai
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38 views

Section 10-Divorce: Where Either of The Two Parties May Submit A Petition. The Following

The document summarizes the grounds for divorce under the Indian Divorce Amendment Act of 2001. There are 10 grounds listed: adultery, conversion to another religion, incurable unsound mind for two years, venereal diseases for two years, presumption of death, marriage not being consummated, prostitution of conjugal rights, desertion, cruelty, and committing rape, sodomy, or bestiality. The document provides details and examples for each ground through relevant court cases to further explain qualifications for divorce under Indian law.

Uploaded by

Anudha Singhai
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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DIVORCE THROUGH INDIAN DIVORCE ACT

Here are more details about the grounds for divorce under the Indian Divorce Amendment
Act of 2001 that could lead to the breakup of the legally-binding marriage.
Section 10- Divorce: Where either of the two parties may submit a petition. The following
reasons are given for dissolving a marriage:
1. Adultery- The husband or the wife may divorce their spouse if they engage in
extramarital affairs with someone other than their spouse. In addition to the suspected
adulterer or adulteress being a party to the divorce suit, unless the Court grants an
exception, the Indian divorce legislation makes it mandatory the Court also include
them in the proceedings. The Court held in R. Amalraj v. Thamima 1that merely
observing a woman leaving the house with another man is not sufficient to establish
adultery. According to the ruling in Ammini E.J. v. Union of India2, a husband may
dissolve his marriage if his wife committed adultery simpliciter.

2. Conversion to another religion- If a Christian spouse ceases to practice Christianity


and converts to another faith, the other spouse may file a divorce petition.

3. Incurable unsound mind for two years- Divorce is possible if one spouse has an
untreatable mental illness for two years before filing. Thomas Titus v. Rosa Titus3,
the Court decided that discovering the wife's paranoid schizophrenia after five years
of marriage was insufficient to cause for annulling the marriage.

4. Venereal diseases for two years- The other reason for divorce is if either spouse has
had a sexually transmitted disease of any kind for two years before filing for divorce.

5. Presumption of death- If seven years have passed without hearing from the other
party to the marriage, the husband or wife may file for divorce.

6. Marriage is not consummated- One spouse may file for divorce if they refuse to
engage in sexual activity after marriage and if the union hasn't been fully
1
AIR (1995) 1MLJ 35
2
AIR 1995 Ker 252
3
AIR 1992 Ker 320, II (1992) DMC 441
consummated. She successfully obtained a decree declaring her husband's impotence
in the case of Jyotsna Ram versus Subhash Ram.4

7. Prostitution of conjugal rights- The other spouse may file a petition for restitution
of conjugal rights if the wife's husband abandoned the marital home. The family court
will order the husband to return to live in harmony with the other spouse. In the case
of Solomon v. Josephine, if a couple cannot coexist peacefully in their marriage for
two years from the date this order was passed, it is a unique reason for divorce.

8. Desertion- A neglected wife can file for divorce after being separated for two years
without communication. The wife in Dara Laxmi Kamala Devi v. B. Parashuramulu
5
abandoned her husband and provided evidence of mistreatment against him.
Judiciary separation has been granted after the decision to dissolve the marriage has
been made.

9. Cruelty- In addition to physical cruelty, mental cruelty is also possible. Hits, kicks,
and other physical abuse towards the spouse are examples of physical abuse. Mental
cruelty involves verbally abusing the husband, demanding dowry, mistreating the
spouse's parents or other family members, etc.

10. Section 10(2) of the Indian divorce act 6says- It is possible to file a petition for
divorce if your husband has committed rape, sodomy, or bestiality since your
marriage was solemnized.

4
AIR (1993) DMC 382, 1992 (0) MPLJ 9
5

6
Sec. 10(2), the Indian divorce act

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