Report No. 90

Chapter 2

The Present Law, and The Issues for Consideration

2.1. Present law-Section 10, Indian Divorce Act, 1869.-

Section 10 of the Indian Divorce Act, 1869 deals with the grounds of divorce amongst Christians as under:-

"10. When husband may petition for dissolution-Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery. When wife may petition for dissolution-Any wife may present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the ground that, since the solemnization thereof, her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman;

or has been guilty of incestuous adultery,

or of bigamy with adultery,

or of marriage with another woman with adultery,

or of rape, sodomy or bestiality, or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro,

or of adultery coupled with desertion, without reasonable excuse for two years or upwards."