Sep 18, 2017
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What are the Grounds for Divorce under the Indian Divorce Amendment Act, 2001?

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What are the Grounds for Divorce in India, as per the Indian Divorce Amendment Act, 2001?

Key topical themes covered:

  • What are the Grounds for Divorce in India?
  • The article examines the latest changes to the Grounds for Divorce under the Indian Divorce Amendment Act
  • In India, rules for divorce and examination of the Grounds for Divorce are connected to religion.
  • Divorce among Christians by the Indian Divorce Act, 1869 (later amended in year 2001)

What questions will be answered:

  • What is divorce under Indian divorce amendment act, 2001 and what are the Grounds for Divorce?
  • Which sections are applicable for establishing the grounds for divorce under Indian divorce amendment act, 2001?
  • What is difference between divorce and divorce with mutual consent under Indian divorce amendment act, 2001?

  • Is there any different Penal law applicable to the grounds related to divorce? If yes then what are they under Indian divorce amendment act, 2001?
  • What are the grounds for divorce under Indian divorce amendment act, 2001?

 

Related Summary:

The following are the grounds of divorce mentioned under the Indian Divorce Act, 1869.

  •  Adultery as a Grounds for Divorce

  • Conversion to another religion as a Grounds for Divorce

  • Suffering from an unsound mind, leprosy or communicable venereal disease for at least two years before the filing of the divorce, as a Grounds for Divorce

  • Not been seen or heard alive for a period of seven or more years, as a Grounds for Divorce, on account of Desertion.

  • Failure in observing the restitution of conjugal rights for at least two years, as a valid Grounds for Divorce

  • Inflicting cruelty and giving rise to mental anxiety that can be injurious to health and life, as a valid Grounds for Divorce.

  • Wife can file a divorce based on the grounds of rape, sodomy and bestiality.

 

Section 10 in THE DIVORCE AMENDMENT ACT, 2001, with regard to the Grounds for Divorce

  1. Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 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—
  2. Has committed adultery; or
  3. Has ceased to be Christian by conversion to another religion; or
  • Has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or
  1. Has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
  2. 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
  3. 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
  • Has wilfully refused to consummate the marriage and the marriage has not therefore been consummated; or
  • 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
  1. Has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or
  2. 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.
  3. 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.

Section 10A in THE DIVORCE AMENDMENT ACT, 2001

Grounds for Divorce WITH MUTUAL CONSENT of Marriage:
  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, 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.

On the motion of both the parties made no 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 meantime, 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.

For finding a lawyer or advocate near you who can help file for divorce, as per the circumstances and Grounds for Divorce, please visit the NearLaw.com Find Lawyer Map Search tool at https://nearlaw.com/find_lawyer
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