Section 10 Indian Divorce Act

Section 10 of the Indian Divorce Act 1869 is about Grounds for dissolution of marriage. It is under CHAPTER III (DISSOLUTION OF MARRIAGE) of the Act.

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

---

---

²******

(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.

(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.]

---

Section 9 Indian Divorce Act

Section 9 of the Indian Divorce Act 1869 is about Reference to High Court. It is under CHAPTER II (JURISDICTION) of the Act.

Reference to High Court

When any question of law or usage having the force of law arises at any point in the proceedings previous to the hearing of any suit under this Act by a District Court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon,

---

the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the case and refer it, with the Courts own opinion thereon, to the decision of the High Court.

---

If the question has arisen previous to or in the hearing, the District Court may either stay such proceedings, or proceed in the case pending such reference, and pass a decree contingent upon the opinion of the High Court upon it.

---

If a decree or order has been made, its execution shall be stayed until the receipt of the order of the High Court upon such reference.

Section 8 Indian Divorce Act

Section 4 of the Indian Divorce Act 1869 is about Extraordinary jurisdiction of High Court. It is under CHAPTER II (JURISDICTION) of the Act.

Extraordinary jurisdiction of High Court

The High Court may, whenever it thinks fit, remove and try and determine as a Court of original jurisdiction any suit or proceeding instituted under this Act in the Court of any District Judge within the limits of its jurisdiction under this Act.

---

Power to transfer suits. The High Court may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the Court of any other such District Judge.

Section 6 Indian Divorce Act

Section 6 of the Indian Divorce Act 1869 is about Pending suits. It is under CHAPTER II (JURISDICTION) of the Act.

Pending suits

All suits and proceedings in causes and matters matrimonial, which when this Act comes into operation are pending in any High Court, shall be dealt with and decided by such court, so far as may be, as if they had been originally instituted therein under this Act.

Section 5 Indian Divorce Act

Section 5 of the Indian Divorce Act 1869 is about Enforcement of decrees or orders made heretofore by Supreme or High Court. It is under CHAPTER II (JURISDICTION) of the Act.

Enforcement of decrees or orders made heretofore by Supreme or High Court

Any decree or order of the late Supreme Court of Judicature at Calcutta, Madras or Bombay sitting on the ecclesiastical side, or of any of the said High Courts sitting in the exercise of their matrimonial jurisdiction, respectively, in any cause or matter matrimonial, may be enforced and dealt with by the said High Courts, respectively, as hereinafter mentioned, in like manner as if such decree or order had been originally made under this Act by the Court so enforcing or dealing with the same.

Section 4 Indian Divorce Act

Section 4 of the Indian Divorce Act 1869 is about Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception. It is under CHAPTER II (JURISDICTION) of the Act.

Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception.

The jurisdiction now exercised by the High Courts in respect of divorce a mensa et toro, and in all other causes, suits and matters matrimonial, shall be exercised by such courts and by the District Courts subject to the provisions in this Act contained, and not otherwise; except so far as relates to the granting of marriage-licenses, which may be granted as if this Act had not been passed.

Section 3 Indian Divorce Act

Section 3 of the Indian Divorce Act 1869 is about Interpretation-clause. It is under CHAPTER I (PRELIMINARY) of the Act.

Interpretation-clause

In this Act, unless there be something repugnant in the subject or context, —

---

¹[(1) “High Court”.– “High Court” means with reference to any area:–

---

(a) in a State, the High Court for that State;

---

²[(b) in Delhi, the High Court of Delhi;

---

(bb) in Himachal Pradesh, the High Court of Punjab and Haryana up to and inclusive of the 30th April, 1967 and the High Court of Delhi thereafter];

---

(c) in Manipur and Tripura, the High Court of Assam;

---

(d) in the Andaman and Nicobar Islands, the High Court at Calcutta;

---

(e) in ³[Lakshadweep], the High Court of Kerala;

---

⁴[(ee) in Chandigarh, the High Court of Punjab and Haryana];

---

and in the case of any petition under this Act, “High Court” means the High Court for the area where the husband and wife reside or last resided together;

---

⁵[(2) “District Judge” means a Judge of a principal civil court of original jurisdiction however designated]:

---

(3) “District Court” means, in the case of any petition under this Act, the court of the District Judge within the local limits of whose ordinary jurisdiction, ⁶[or of whose jurisdiction under this Act the marriage was solemnized or] the husband and wife reside or last resided together;

---

(4) “Court” means the High Court or the District Court, as the case may be;

---

(5) “minor children” means, in the case of sons of Native fathers, boy, who have not completed the age of sixteen years, and, in the case of daughters of Native fathers, girls who have not completed the age of thirteen years; In other cases it means unmarried children who have not completed the age of eighteen years;

---

⁷**** *

---

⁸* * * **

---

(8) “marriage with another woman” means marriage of any person, being married, to any other person, during the life of the former wife, whether the second marriage shall have taken place within ⁹[India] or elsewhere;

---

(9) “desertion”, implies an abandonment against the wish of the person charging it; and

---

(10) “property” includes in the case of a wife, any property to which she is entitled for an estate in remainder or reversion or as a trustee, executrix or administratrix; and the date of the death of the testator or intestate shall be deemed to be the time at which any such wife becomes entitled as executrix or administratrix.

---

Section 1 Indian Divorce Act

Section 1 of the Indian Divorce Act 1869 is about Short title of the Act. It is under CHAPTER I (PRELIMINARY) of the Act.

This Act may be called the Divorce Act, and shall come into operation on the first day of April, 1869.