Search Blog

Saturday, April 13

Grounds for dissolution of marriage under Indian Divorce act, 1869


A husband may present a petition for dissolution of marriage on the ground that his wife has been guilty of adultery, since solemnisation of marriage. The petition may be presented to district court or the High Court having jurisdiction.
A wife may present a petition for dissolution of marriage on the ground that, since the solemnization thereof, her husband
(i) has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman; or
(ii) has been guilty of incestuous adultery, or
(iii) has been guilty of bigamy with adultery, or
(iv) has been guilty of marriage with another woman with adultery, or
(v) has been guilty of rape, sodomy or bestiality, or
(vi) has been guilty of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro, or
(viii) has been guilty of adultery coupled with desertion, without reasonable excuse, for two years or upwards.

Contents of petition under section 10 of Indian Divorce Act, 1869
Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded.


To whom Indian Divorce Act, 1869 is applicable? 

See section 10 of Indian Divorce Act, 1869 on Lawzonline.com