Report No. 90

The Grounds of Divorce amongst Christians in India: Section 10, Indian Divorce Act, 1869

Chapter 1

Introductory

1.1. Need for taking up the subject.-

The Law Commission of India has taken up for consideration the question whether the law relating to the grounds of divorce applicable to Christians in India under section 10 of the Indian Divorce Act, 1869 should be reformed, and if so, on what lines. The inadequacies of the present law have been stressed from time to time by individuals and social organisations. The Law Commission of India itself had, a few years ago, made detailed recommendations for reform1 of the law on the subject, in a comprehensive Report dealing with the entire law of marriage and divorce amongst Christians in India, supplemented by another Report2 dealing with certain matters arising out of the Bill prepared by Government on the subject.

While legislation for removing the defects in the law on the subject has not been introduced, it appears to the Commission that it is urgently necessary in the interests of social justice to take up some issues, even if a comprehensive legislation by way of revision of the enactments on the subject cannot be undertaken by Government.

1. Law Commission of India, 15th Report (Law relating to marriage and divorce amongst Christian in India).

2. Law Commission of India, 22nd Report (Christian Marriage etc., Bill).