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[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
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(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.
1. Subs. by Act 51 of 2001, s. 5, for section 10 (w.e.f. 3-10-2001).
2. Clause (iv) omitted by Act 6 of 2019, s. 2 (w.e.f. 1-3-2019).
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(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.]
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[10A .Dissolution of marriage by mutual consent.—(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. ].
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[11. Adulterer or adulteress to be co-respondent.—On a petition for dissolution of marriage
presented by a husband or wife on the ground of adultery, the petitioner shall make the alleged
adulterer or adulteress a co-respondent, unless the petitioner is excused by the Court from so doing on
any of the following grounds, namely:—
(a) that the wife, being the respondent is leading the life of a prostitute or the husband, being
respondent is leading an immoral life and that the petitioner knows of no person with whom the
adultery has been committed;
(b) that the name of the alleged adulterer or adulteress is unknown to the petitioner although
the petitioner has made due efforts to discover it;
(c) that the alleged adulterer or adulteress is dead.].
12. Court to be satisfied of absence of collusion.—Upon any such petition for the dissolution of
a marriage, the Court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged,
but also whether or not the petitioner has been in any manner accessory to, or conniving at, the going
through of the said form of marriage, or the adultery, or has condoned the same, and shall also enquire
into any countercharge which may be made against the petitioner.
13. Dismissal of petition.—In case the Court, on the evidence in relation to any such petition, is
satisfied that the petitioner’s case has not been proved, or is not satisfied that the alleged adultery has
been committed,
or finds that the petitioner has, during the marriage, been accessory to, or conniving at, the going
through of the said form of marriage, or the adultery of the other party to the marriage, or has
condoned the adultery complained of,
or that the petition is presented or prosecuted in collusion with either of the respondents,
then and in any of the said cases the Court shall dismiss the petition.
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14. Power to court to pronounce decree for dissolving marriage.—In case the Court is satisfied
on the evidence that the case of the petitioner has been proved,
and does not find that the petitioner has been in any manner accessory to, or conniving at, the
going through of the said form of marriage, or the adultery of the other party to the marriage, or has
condoned the adultery complained of,
or that the petition is presented or prosecuted in collusion with either of the respondents,
1. Ins. by Act 51 of 2001, s. 6. (w.e.f. 3-10-2001).
2. Subs. by s. 7, ibid., for section 11 (w.e.f. 3-10-2001).
3. Last paragraph of section 13 omitted by s. 8, ibid. (w.e.f. 3-10-2001).
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the Court shall pronounce a decree declaring such marriage to be dissolved
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Provided that the Court shall not be bound to pronounce such decree if it finds that the petitioner
has, during the marriage, been guilty of adultery,
or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in presenting
or prosecuting such petition,
or of cruelty towards the other party to the marriage,
or of having deserted or wilfully separated himself or herself from the other party before the
adultery complained of, and without reasonable excuse,
or of such wilful neglect or misconduct of or towards the other party as has conduced to the
adultery.
Condonation. No adultery shall be deemed to have been condoned within the meaning of this Act
unless where conjugal cohabitation has been resumed or continued.
15. Relief in case of opposition on certain grounds.—In any suit instituted for dissolution of
marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted by
a husband, of his adultery, cruelty, or desertion 2*** or, in case of such a suit instituted by a wife, on
the ground of 3
[her adultery or cruelty or desertion], the Court may in such suit give to the
respondent, on his or her application, the same relief to which he or she would have been entitled in
case he or she had presented a petition seeking such relief, and the respondent shall be competent to
give evidence of or relating to 4
[such adultery, cruelty] or desertion.
16. Decrees for dissolution to be nisi.—Every decree for dissolution of marriage made by a High
Court 5*** shall in the first instance, be a decree nisi, not to be made absolute till after the expiration
of such time, not less than six months from the pronouncing thereof, as the High Court, by general or
special order from time to time, directs.
Collusion. During that period any person shall be at liberty, in such manner as the High Court by
general or special order from time to time directs, to show cause why the said decree should not be
made absolute by reason of the same having been obtained by collusion or by reason of material facts
not being brought before the Court.
On cause being so shown, the Court shall deal with the case by making the decree absolute, or by
reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand.
The High Court may order the cost of Counsel and witnesses and otherwise arising from such
cause being shown, to be paid by the parties or such one or more of them as it thinks fit, including a
wife if she have separate property.
Whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move
to have such decree made absolute, the High Court may dismiss the suit.
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[17. Power of High Court to remove certain suits.—During the progress of the suit in the Court
of the District Judge, any person suspecting that any parties to the suit are or have been acting in
collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court
by general or special order from time to time directs, to apply to the High Court to remove the suit
under section 8, and the Court shall thereupon, if it thinks fit, remove such suit and try and determine
the same as a Court of original jurisdiction, and the provisions contained in section 16 shall apply to
every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged
collusion as may be necessary, to enable him to make a decree in accordance with the justice of the
case.]
1. The words “in the manner and subject to all the provisions and limitation in section 16 and 17 made declared” in
paragraph 4 of section 14 omitted by Act 51 of 2001, s. 9 (w.e.f. 3-10-2001).
2. The words “without reasonable excuse,” omitted by s. 10, ibid., (w.e.f. 3-10-2001).
3. Subs. by s. 10, ibid., for “her adultery and cruelty” (w.e.f. 3-10-2001).
4. Subs. by s. 10, ibid., for “such cruelty” (w.e.f. 3-10-2001).
5. The words “not being a confirmation of a decree of a District Court” omitted by s. 11, ibid., (w.e.f. 3-10-2001).
6. Subs. by s. 12, ibid., for section 17 (w.e.f 3-10-2001).
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17A. [Appointment of officer to exercise duties of King’s Proctor].—[Omitted by the Indian
Divorce (Amendment) Act, 2001 (51 of 2001), s. 13 (w.e.f. 3-10-2001).]