(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 (51 of 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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the mean time, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage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.
Simplified Explanation
Section 10A, introduced by the Indian Divorce (Amendment) Act, 2001, provides a legal avenue for divorce by mutual consent under the Indian Divorce Act, 1869. This section emphasizes the amicable dissolution of marriage when both parties agree that their marital relationship has irretrievably broken down.
1. Filing for Divorce by Mutual Consent
Eligibility to File:
- Both parties to the marriage must jointly present a petition to the District Court.
- The marriage may have been solemnized either:
- Before the commencement of the Indian Divorce (Amendment) Act, 2001.
- After the commencement of the Act.
Grounds for Filing:
The petition must state that:
- Living Separately:
- The parties have been living separately for at least two years or more.
- This indicates that the marital relationship has already broken down and there is no cohabitation.
- Inability to Live Together:
- The parties have not been able to reconcile or live together despite efforts.
- Mutual Agreement:
- Both parties have mutually agreed that the marriage should be dissolved.
2. Procedure for Divorce by Mutual Consent
(a) Motion to Proceed:
- After filing the joint petition, a motion can be made by both parties to move the case forward.
- This motion can be filed:
- Not earlier than six months after the petition is presented.
- Not later than eighteen months from the date of presenting the petition.
(b) Withdrawal of Petition:
- Either or both parties have the option to withdraw the petition within the six-to-eighteen-month period.
- If the petition is withdrawn, the case does not proceed to dissolution.
(c) Inquiry by the Court:
- The court conducts an inquiry to:
- Verify that the marriage was solemnized as per the law.
- Confirm that the averments (statements) in the petition are true.
- Ensure that the mutual consent is free, voluntary, and genuine.
3. Final Decree
- If the court is satisfied after the inquiry, it will:
- Pass a decree of dissolution, declaring the marriage dissolved.
- The dissolution is effective from the date of the decree.
4. Key Features of Section 10A
- Mutual Agreement:
- Both parties must willingly and voluntarily agree to dissolve the marriage, reflecting the absence of coercion or undue influence.
- Cooling-Off Period:
- The mandatory six-month waiting period allows the parties time for introspection and potential reconciliation.
- Expeditious Process:
- The timeline ensures that the process is not unnecessarily prolonged, avoiding further emotional and financial strain on the parties.
- Judicial Oversight:
- The court’s inquiry ensures that the petition is genuine, safeguarding the interests of both parties.
5. Purpose of Section 10A
- Promotes Amicable Resolutions:
- Encourages parties to resolve marital disputes amicably without prolonged litigation.
- Recognizes Irretrievable Breakdown:
- Acknowledges situations where reconciliation is impossible, providing a dignified exit for both parties.
- Protects Individual Rights:
- Ensures that neither party is coerced into the dissolution process.
Key Takeaways:
- Divorce by mutual consent under Section 10A is based on living separately for two years, mutual agreement, and inability to live together.
- A minimum waiting period of six months is mandatory before the court proceeds with the case, with a maximum timeframe of eighteen months for finalizing the process.
- The dissolution of marriage becomes effective from the date of the decree.
