Indian Divorce Act: Section 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.]

Simplified Explanation

This section lays out the legal grounds on which either spouse can file for the dissolution of marriage under the Indian Divorce Act, 1869, incorporating amendments made by the Indian Divorce (Amendment) Act, 2001. Let’s break it down:

1. Who Can File for Divorce?

• Either the husband or the wife may file a petition in the District Court for the dissolution of their marriage.
• These provisions apply to marriages solemnized both before and after the commencement of the 2001 amendment.

2. Grounds for Dissolution (Applicable to Both Husband and Wife):

A marriage can be dissolved if, after the solemnization, the respondent has engaged in any of the following:

(i) Adultery:

• The respondent has been involved in a sexual relationship with someone other than their spouse.

(ii) Conversion:

• The respondent has ceased to be a Christian by converting to another religion.

(iii) Unsound Mind:

• The respondent has been incurably of unsound mind for a continuous period of at least two years before filing the petition.

(v) Venereal Disease:

• The respondent has been suffering from a venereal disease (a sexually transmitted disease) in a communicable form for at least two years before the petition.

(vi) Presumption of Death:

• The respondent has not been heard of as being alive for at least seven years by those who would naturally have been in contact with them.

(vii) Refusal to Consummate the Marriage:

• The respondent has wilfully refused to consummate the marriage, leading to a non-consummated marital relationship.

(viii) Non-compliance with Restitution of Conjugal Rights:

• The respondent has failed to comply with a decree for restitution of conjugal rights for at least two years after the decree was passed.

(ix) Desertion:

• The respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the petition.

(x) Cruelty:

• The respondent has treated the petitioner with cruelty such that it creates a reasonable apprehension in the petitioner’s mind that living with the respondent would be harmful or injurious.

3. Additional Grounds for Wives:

• A wife can also seek divorce on the following grounds, specific to the husband:
  • Rape: The husband has committed rape after the marriage.
  • Sodomy: The husband has engaged in sodomy (non-consensual or unnatural sexual acts).
  • Bestiality: The husband has committed acts of bestiality (sexual acts involving animals).

4. Significance of the 2001 Amendment:

The Indian Divorce (Amendment) Act, 2001 modernized and broadened the grounds for divorce to align with contemporary understandings of matrimonial disputes. Key changes include:

• Adding cruelty, desertion, and non-compliance with restitution of conjugal rights as grounds for divorce.
• Allowing women to file for divorce on the grounds of rape, sodomy, or bestiality by their husbands.
• Removing gendered disparities in the grounds for divorce.

5. Purpose of Section 10:

1. Comprehensive Relief:
   • Ensures that both spouses have access to legal recourse in cases of serious matrimonial issues.
2. Equity:
   • Provides equal grounds for men and women while recognizing specific circumstances unique to wives.
3. Moral and Social Considerations:
   • Reflects a balance between preserving marriages and providing relief from irretrievable breakdowns or harmful relationships.

Key Takeaways:

• Section 10 outlines ten general grounds and three additional grounds for wives to file for divorce.
• It emphasizes fairness, addressing a wide range of scenarios, from adultery and desertion to more severe acts like rape or unsound mind.
• The amendments ensure the law remains relevant to modern marital issues, emphasizing protection of individual rights and equity in marriage.