Indian Divorce Act

2001 Amendments

 Scope of The India Divorce Act ,1869

It was based on the Matrimonial Law administered by the Court for
Divorce and Matrimonial Causes in England.
Supreme court of Calcutta had no power to try the cases in matrimonial
matters of Christians
By an Act Of British Parliament, the High Courts of Judicature in India were
established
The Act empowered the High Courts to excercise
such powers as exercised by the Courts for Divorce and Matrimonial
causes in England
This Act gives the matrimonial reliefs to the Christians
Original Act of 1869 imposed the condition that both the
Petitioner and the respondent should be christians to avail the provisions
of this Act,
However due to 1927 Amendment of 1869 Act, it is sufficient if any one
party of the Couple is a Christian

 The Act of 1869 placed the High Courts of

Judicature in the same footing with the
Courts for Divorce and Matrimonial causes
in England in administering matrimonial
law relating to Christians in India.
After the Amendment of 2001, the
District Court is empowered to decide the
matrimonial disputes. The High Courts
has Appellate jurisdiction

 Objects and reasons of 1869 Bill

to place the Matrimonial disputes
under the jurisdiction of District Courts.
Prior to 2001 the High Courts were in the
exercise of their Original jurisdiction on the
same footing as the Matrimonial Law
administered by the Courts for Divorce and
Matrimonial Causes in England.

To give matrimonial reliefs to the

Christians

 Jurisdiction of the Court ( Sec.4 to 9)

Matrimonial jurisdiction (Sec.4)
jurisdiction now exercised by the High Courts in respect of
divorce and in all other causes, suits and matters matrimonial
shall be exercised by the District courts,except so far as it
relates to granting of marriages licences
Enforce ment or decrees or orders of heretofore by [Link] High
Court (Sec.5)
any decree or order of the late Supreme Court of Judicature at
Calcutta, Madras, or Bombay sitting on the ecclesiastical side or
any of the said High Courts sitting in the exercise of their
matrimonial jurisdiction in any cause or matter of matrimonial
may be enforced and dealt with by the High Courts
Sec. 6 Deals with the pending Suits

 To Act On principles of the English Divorce Court

( Sec.7)

it laid down that the Indian court should act on

the principles of English Divorce Court.
By 2001 Amendment the courts must follow the
provisions of the Indian Constitution
Extra ordinary jurisdiction of the High Court(Sec.8)
High Court may if it thinks fit remove , try and
determine as a Court of Original Jurisdiction, any suit
or proceeding instituted under this Act to any Dictrict
Judge, within the limits of its jurisdic

 Reference to the High Court (Sec.9)

where any question of law or usage arises in the
proceeding previous to the hearing by a District
Court, or at any subsrquent stage, or in the
execution of the decree, the court may o its
own motion or on the application of any of the
parties, drawup a statement of the case and
refer the matter with the Courts opinion,
to the Decision of the High Court. In such caae
The District court may either stay such
proceeding or proceed ,pending reference

 Dissolution of marriage ( Sec. 10 - Sec.17)

Sec.10 of the Indian Divorce Act,1869

as amendment Act , 2001 gives the right to Husband or wife to

file a petition for dissolution of their marriage.
The aggrieved
husband or wife may file a petition to the District Court praying
that his marriage may be dissolved on the ground that since the
solemnisation of the marriage the respondent: (i) Adultery
(ii) ceased to be a Christian by Conversion
(iii) incurable unsound mind for not less than 2 years

preceding the presentation of the petition

(iv) has been suffering from a virulent and incurable form of
leprosy for not less than 2 years immediately preceding the
presentation of the petition

 (vi) has not been heard of 7 years or more by those

persons who would have naturally heard of him, or his
wife since the solemnization , been guilty of adultery
(vii) wilfully refused to consummate the marriage and the
marriage has not been consummated
(viii) failed to comply with the decree of Restitution for a
period of 2 years or upwards
(ix) deserted the petitioner with cruelty as to cause
reasonable apprehension in the mind of petitioner that it
would be harmful or injurious for the petitioner to live with
(2) A wife may also present a petition for dissolution on
the ground t hat her husband has been guilty of rape,
sedomy or bestiality

Before 2001 Amendment Sec. 10 od Indian Divorce

Act made a clear distinction between the Husband and
Wife in the matter of grounds on which they could
obtain dissolution of marriage

In the case of husband adultery without any other

ground was a ground for seeking dissolution of
marriage, but in the case of wife, in addition there is
another requirement that it should be incestuous
adultery or bigamy with adultery or adultery coupled
with cruelty or desertion for 2 years

2001 Amendment removed all the defects in

Sec.10 and has given equal rights to both according
to Art.14

 Dissolution by mutual Consent ( Sec.10-A)

under Indian Divorce Act 1869 , this was
not available to Christians. If the couple
though belong to christianity, if got registered
their marriage under the Special Marriage Act
1954, they can seek matrimonial reliefs under
that Act and can avail the advantage of
mutual Consent Under that only
Sec.10-A permitted this divorce by Mutual
Cosent

 Adulterer or Adulteress to be co-respondent

( Sec.11)
Adulterer must be brought as co-respondent
in the Suit, Unless the petitioner is excused by the Court on
any of the following grounds: (a) the wife , being respondent is leading the life of a prostitute
or the husband being respondent leading an immoral life

and that the petitioner knows of no person with whom the

adultery has been committed
(b) the name of the alleged adulterer or adulteress is unknown,
although the petitioner has made due efforts
(c) that the alleged adulterer or adulteress is dead
This is mandatory under Sec.11

 Absence of collusion:- The court must satisfy there is no

collusion between the parties to obtain the dissolution of
marriage, or any fraud or coercion
Court s Satisfaction Sec12;- the court must satisfy , whether or
not the petitioner has been in any manner accessory to, or
conniving or the adultery or condoned the adultery and shall
enquire
Dismissal of petition Sec.13

the court may dismiss the petition,:

(a) if the petitioner fails to prove the allegations
(b) if the court opines that the petition is made with
Collusion.
In such case the petitioner may appeal to H.C

Court power to decree for Dissolution

(Sec.14); When the evidences submitted by the
petitioner are genuine, the Court is empowered
to pronounce the decree for dissolution The
court has the discretionary power to try the
case and hear the evidene and pronounce the
decree, even if the respondent is absent

It further says that no adultery shall be

deemed to have been condoned, unless where
conjugal cohabitation has been resumed.

 Relief in case of opposition (Sec.15)

In any suit for dissolution: If the respondent opposes the relief sought

on the ground of his adultery, cruelty, or

desertion, when the suit is filed by the Husband

on the ground of her adultery, and cruelty, when

the suit is by the wife
The court in such cases give to the respondent on
his or her application to which
he or she would have been entitled, when he or she
presented such suit

 Decree for dissolution to be nisi (Sec.16)

Sec. 16 prescribes a period of not less than 6 months
must elapse before a decree nisi for divorce can be
made absolute. The Court has no discretionary power to
reduce this period
High Courts power ( Sec 17):
In the District Court during the progress of the suit
any personn suspecting that the parties to the suit are
in collusion for obtaining divorce, apply to the High
Court to remove the suit Under Sec.8(Extraordinary
jurisdiction) or it may direct the District Court to take
steps in respect of alleged collusion. And to make a
decree in accordance with justice

Before the 2001 Amendment the High

Court was to confirm the Decree for
Dissolution of the marriage. Therefore the
Law Commission in its 164th Report
recommended o amend Sec.17 So after the
Amendment the power to give affirmatio
from the High court was taken away The
the newly amended Sec.17 empowers the
High Court to remove certain suits pending
before any District Judge.

 Nullity of Marriage (Sec. 18 - Sec.21)

Petition for decree of nullity ( Sec. 18)

Any wife or Husband may present a

petition to the District Court praying for
declaring his or her marriage null and void.

Before 2001 amendment, Sec. Allowed

the spouses to submit such petition either
before the District Court or before the High
Court. Now it is before the District Court.

Grounds of Decree (Sec.19)

Aggrieved spouse may submit a petition
on any of the following :(1) respondent was at the time of the marriage
and at the time of instituting the suit
(2) parties are within the prohibited degrees
(3) either party was lunatic or idiot at the time or
forceof marriage
(4) the former husband or wifd of either party
was living at the time of marriage and the
consent was obtained by fraud

 Sec . 20 Omitted ( Confirmation of Decree by

by High Court)
Children of annulled marriage (Sec.21)
where a marriage is annulled on the
ground

that a former spouse was living, and it is adjudged

that the subsequent marriage was contracted in
goodfaith and belief of the parties that the former
spouse was dead;

or when a marriage is annulled due to insanity

Children begotten , before the decree shall be
entitled to succeed to their parents and legitimate
children

 Judicial Separation (Sec.22- Sec.26)

Grounds for Judicial Separation( Sec.22)

Judicial Separation is a lesser remedy when compared to dissolution of

marraige or nullity.

No Decree shall be made for Divorce a mensa et toro( from the table to
bed or from board and bed), but the either spouse may obtain a Decree of
judicial Separation on the ground of adultery, orCruelty, or desertion for 2
years or upwards. Such Decree shall have the effect of a divorce a mensa et
toro.
It will have no effect of a Decree of divorce . It is a partial Divorce
Personal uncleanliness, nagging, mood of sulkiness, ignoring the other
party in family matters, non-cooperation, brutality, negligence,desertion
insulting, seual malpractices such as coitus interrupts,or grossly excessive or
revolting sexual demands or refusal to have a child, false accusations of
adultery, misconduct, writing threatening letters, making false complaints of
theft against the other spouse to police or to any concerned higher authorities
etc., are some of the grounds for judicial separation

 Application for Separation (Sec.23)

either spouse may submit a petition for Judicial
Separation on any of the grounds mentioned
under Sec.22 to the District Court.

Basing on the evidence produced by the

petitioner, it may grant or reject the decree
Position of the separated wife (Sec.24)

In every case of Judicial separation, from the

date of sentence, the wife shall be considered as
un married with respect to the property. She can
disposed of by her as an unmarried woman

 Before 2001 Amendment,the decree of dissolution of marriage,

decree of nullity of marriage passed by the District Court shall
have to be confirmed by the High Court. However, the Decree of
judicial Separation need not be confirmed.

After 2001 Amendment, Decrees granted by the District Court

are final, unless they are appealed. Therefore they need not be
confirmed
Reversal of Decree of Separation ( Sec.26)

the court can decide the case in the absence of the

respondent. If he proves to the satisfaction , that he absented
under certain unavoidable , reasonable and genuine
circumstances and satisfy the court that the decree was wrong ,
in such case Sec 26 empowers the Court empowers to reverse
or affirm a Decree upon review matters alleged and proved.
Reversal shall not prejudice the rights or remedies

And the wife is maintaining by

herself
Restitution of Conjugal Rights ( Sec.32)
If one of the spouses has without reasonable excuse withdrawn from the
Society of the other the other spouse may apply to the District Court for
restitution of conjugal rights
The court on being satisfied of the truth of the statements and that there is
no legal ground why the application should not be granted, may decree for
restitution

Under Sec.32 it is a condition precedent that the grounds or petition

cannot be converted into one for divorce and then a decree for that can be
obtained by mutual consent. Delay in presenting the petition defeats equity
Answer to a petition ( Sec.33)
The respondent should not plead in answer to a petition for restitution,
which wouldnot be a ground for Judicial Separation, or Decree for nullity of
marriage. If the husband intends to avoid the maintenance order, or he
wants to harass the respondent-wife, the court dismiss the petition, since the
court observes the of the petitioner

 Protective measurements for women

( Sec.27- Sec.31), (Sec.36-Sec.38 & Sec.50)
Protection of Property (Sec.27)
A wife deserted by the husband may present a petition to the District Court
for protection of her property against her husband

Court May Grant protection (Sec.28)

If the court is satisfied of desertion without reasonable excuse may make

an order protecting her earnings and other property from the husband, all
creditors and persons claiming under him

Discharge or variation of orders (Sec.29)

The Creditor or any person claiming under him may apply to the court for the
discharge or variation. After the desertion has ceased, the court may
discharge if the court thinks fit
Liability in case of seizure or holding after notice( Sec.30)

If the husband or anybody claiming under him holds or seizes the property
of the wife he shall be liable
to return and also to pay her a sum equal to double its value

 Position of Wife during the

continuance of Order ( Sec.31)

while continuance of the Oder of

Protection, the wife shall be deemed
to have been during such desertion
in the like position in all respects
with regard to property and
contracts, , if she obtained a Decree
of Judicial Separation

Alimony (Sec.36 - Sec.38)

Alimony pendente lite ( Sec.36);in any suit under this Act, instituted by a husband or a
wife, whether or not she has obtained an Order of Protection,
the wife may present a petition for expenses of the
proceedings and alimony pending the suit
Such petition shall be served on the husband.
the Court on being satisfied of the truth of the statements
contained, may make such order on the husband for payment
to the wife of the expenses of the proceedings alimony
pending the suit

such petition for the expenses and alimony pending the

suit shall be disposed of within 60 days of service of such
petition on the husband

Permanent Alimony (Sec.

37

Power to Order permanent Alimony (Sec.37)

Sec.37 empowers the District Judge on any decree to Order
permanent Alimony.
The High Court may on any decree absolute declaring a marriage
to be dissolved; or
on any decree of judicial Separation obtained by the wife
And
The District Judge if he thinks fit
on the confirmation of any decree of his declaring a marriage to be
dissolved; or
on any decree of judicial separation obtained by the wife
order the husband shall secure to wife such gross sum of money, or
such annual amount for any term not exceeding her own life, by
taking into consideration of her fortune to the ability of the husband

 Court may order alimony to wife or to her trustee

(Sec.38)
In all the cases of alimony , the court may order the
same to be paid either to the wife or to any trustee
on her behalf to be appointed by the court; The
court may impose any terms or restrictions. It may
appoint a new trustee from time to time
In Camera Proceedings ( Sec.53)

Sec. 53 authorises the Court to hear the whole

or any part ofthe proceedings with closed doors. The
object of this section is to safeguard the privacy and
integrity of the women

 Custody of the children (Sec. 41 - Sec.44)

Courts power to order for Custody of the children
(Sec.41)
Before making Decree for Judicial Separation
the court may make interim order for the custody
,maintenance, and education of the minor children and
may direct the proceedings if it thinks fit for placing
the children under the protection of the said court
such application with respect to the maintenance and
application of the minor children shall be disposed of
within 60 days from the date of service of notice on
the respondent

During the Pendency of the decree JUDICIAL

sEPARATION, the Court is empowered to make interim
orders and provisions for the custody, menance and
education of the minor children under Sec.42
Courts power to make orders as to custody in
dissolution or nullity of marriage ( Sec.43) ,
the District may from time to time before making
its decree
in a suit for dissolution of marriage or nullity
make such interim orders for custody , maintenance
and education of the minor children, and if it thinks
fit direct proceedings for placing the chidren under
the protection of the court

 Power to make such orders After

decree or confirmation (Sec. 44)
In a Decree of Dissolution or
Nullity of marriage, the Court may
make from to time orders with
respect to custody, maintenance and
education of the minor children, or
placing the minor children under the
protection of the said court

Procedure ( Sec.45 - Sec.56)

Sec. 45 authorises the court to follow the provision of
the C.P. C while trying the trial and proceedings of Indian
Divorce Act.
Form of petitions and statements (Sec.46)
Schedule attached to this Act contains 14 forms and
models for easy transactions and useful to the courts
Petitions to state absence of collusions (Sec.47)
Every petition for Dissolution, Nullity, or Judicial
separation shall state that there is no collusion or
connivance
statements in a petition shall be verified by the
petitioner or some other competent person on his behalf

 Suits on behalf of Lunatics (Sec.48)

where a husband or wife is a lunatic other or idiot any
suit other than a suit for Restitution of conjugal rights,
may be brought on his or her behalf, by the committee,
or other person entitled to his or custody
Suits by minors (Sec.49)

Where the petitioner is a minor , the next friend

approved by the Court shall sue on their behalf. No
such petition shall be filed until the next friend has given
an undertaking in writing to be answerable for
Costs, to the court. The next friend shall be liable in the
same manner and to the same extent as if he were a
plaintiff in an ordinary suit

Service of petition (Sec.50)

every petition shall be served on the party to be
affected thereby either within or without India, in such a
manner as the High court by general in the
circumstances, the court or special order from time to
time directs. In appropriate and genuine grounds, the
court may dispense with such service
Mode of taking evidence (Sec.51)
Like any other witness witnesses in all proceedings,
can be had, shall be examined orally, and any party may
offer himself or herself as a witness and shall be
examined, cross-examined and re-examined

Competence to give evidence as to cruelty or desertion

(Sec.52)
On any petition presented by a wife or husband for
dissolution, having been guilty of adultery, cruelty, or
desertion, the husband or wife shall be competent and
compellable to give evidence relating to such cruelty
In camera proceedings (Sec.53)
Section .53 authorises the court to conduct
the proceedings in camera .,i.e, within the closed doors
Power to adjourn ( Sec.54)
The court has the power to adjourn the hearing from time
to time. The object of adjournment shall be to acquire
further evidence

 Enforcement appeals,Orders,Decrees(Sec.55):
All the decrees and Orders in any suit or proceeding shall be
enforced and may be appealed as the decrees and orders of the
Court made in exercise of its Original Civil Jurisdiction are enforced
No appeals as to costs;
There shall be no appeal on the subject of costs
Appeal to Supreme Court (Sec.56)
This Section authorises appeals to Supreme Court from any
decree( other than a Decree nisi) or Order of a High Court,

and from any decree ( other than a Decree nisi) or Order made in
exercise of Original jurisdiction by judges of a High Court or
of any Division Court from which an appeal shall lie to the High
Court, when the High Court declares that the case is fit one for
appeal to the Supreme Court

 When to Remarry ( Sec. 57)

For remarriage Under this Act

After the dissolution of Marriage, or Nullity, it shall be lawful

for either party to the marriage to marry again in the following:
either the time for appeal has expired

without an appeal having been presented to any court

including S.C; or

an appeal has been presented, but has been dismissed and the
Decree or dismissal has become final
Sec.58;

No clergyman in Holy Orders of the Church of England shall be

compelled to solemnize the marriage of any person whose former
marriage has been dissolved on the ground of his or her adultery, or
shall be liable to any suit, penalty, or censure

Changes by 2001 Amendment Matrimonial Law as

administered
The Indian Divorce Act, 1869 has been amended
by the Indian Divorce (Amendment) Act 2001 by the
Indian Parliament
The word Indian has been deleted in the Indian
Divorce Act, 1869. Now it is The Divorce Act 1869
Indian Divorce(Amendment) Act 1869 is based on the
Matrimonial Law administered by the Indian Courts
for Divorce and matrimonial causes as in the cases
of Hindus and in according to the Constitution

 After 2001 , the District Court has original

Jurisdiction, High Court has the Appellate
Jurisdiction
Gender discrimination
Prior to 2001, Sec. 10 had given priority to the
husband to file a petition for dissolution on the
ground of adultery
after 2001, Sec.10 has given 10 grounds for
both the spouses. Besides, the aggrieved wife
is also given another ground i.e., rape, sodomy,
bestiality

 No Divorce by Mutual Consent

Before 2001, there was no dissolution of

marriage by mutual consent
After 2001, Sec.10-A ( Dissolution of Marriage by
Mutual Consent) has been inserted, which is equal to
Sec.13-Bof H. M. Act 1955
Before 2001, the husband was only entitled to bring
adulterer to be co respondent

After 2001, Sec.11 no distinction is made between

the wife and husband. Now the adulterer or adulteress
can be brought to be co-respondent. Now Sec.11
covers the cases where the wife sues the husband for
divorce on the ground of adultery

Before 2001 amendment, every divorce decree issued by

the District Court should be confirmed by the High Court
After 2001, Sec.17 has substituted with new provision ,
this has taken away the power of the High Court to confirm
Before 2001 Amendment, Sec.17-A empowered the
Government to appoint Officer to exercise duties of Kings
proctor, which was similar to the England Courts
After 2001, it has omitted Sec.17-A
Before 2001, Sec.18 allowed the Spouses to submit the
petition for Decree of Nullity either before the District Court or
before the High Court
After 2001, Sec.18 allows them to submit the petition for
Decree of Nullity Before the District court,i.e., trial jurisdiction
from the High Court has been abolished

 Before 2001 Sec.20 imposed a condition that every decree of Nullity of

marriage made by a District Judge shall be subject to confirmation by
the High Court

After 2001 is deleted

Confirmation
Before 2001 Decree of Dissoluion of Marriage, the Decree of NULLITY
of Marriage passed by the District Court shall have to be confirmed by
the High Court. However the Decree of Judicial Separation need not be

After 2001 Decree of Dissolution of Marriage, Decree of Nullity of

Marriage, Decree of Judiial Separation granted by the District Court
are final, unless they are appealed
Protection Orders
Before 2001 a deserted Christian Wife had to apply for the protection
orders to the District Court or the High Court
After 2001 she has to apply to the District Court only

 Sue the adulterer

Before 2001, an aggrieved husband was entitled to sue the

adulterer for damages and costs under Sec.34 & Sec.35
After 2001, Sec.34 & Sec.35 are deleted
Alimony

Before 2001 alimony ceiling of one-fifth of husbands earnings

After 2001 Power to sanction alimony and permanent alimony is left to the
District Court
Depending upon the circumstances
Time limit to decide Custody

Before 2001 there was no time limit to decide the custody of children

After 2001 the time limit of 60 days from the date of service of notice on the
respondent
Remarriage

before 2001, Sec.57 imposed that a person obtained the

Divorce Decree shall have to wait for 6 months to re-marry

After 2001, limitation of 6 months to remarry has been removed

@@@@@@@@@@@@@@@

Marriage Laws (Amendment) Bill

2010
Objects
Hindu Marriage Act ,1955 was enacted to amend
and codify the law relating to marriage among the
Hindus
Special Marriage was enacted to provide a special
form of marriage in certain cases, for the registration
of such and certain other marriages and for divorce.

the above Acts have proved to be inadequate to

deal with the issue, where there has been
irretrievable breakdown of marriage
Therefore, a need has been felt for certain amend
ments

 Reasons
In view of the demand from various quarters
for making irretrievable breakdown of marriage as a ground for Divorce, the
Central Government referred the matter to the Law commission for its
consideration
Law Commission in its 71st Report titled
The Hindu Marriage Act, 1955. Irretrievavle Breakdown of Marriage as a
ground of Divorce
had examined the issue in detail and recommended amendments to
[Link],1955 to make irretrievable breakdown of Marriage as a new ground
for granting a decree of divorce among Hindus

Accordingly, a Bill, namely, the Marriage Laws (Amendment) Bill, 1981

further to amend the [Link],1955 and the Special Marriage Act,, 1954 was
introduced in Lok Sabha in 1981.

However , the seventh Lok Sabha was dissolved before it could be

considered

the Honble Supreme Court in

Ms. Jorden Diengdeh Vs. S.S. Chopra
(AIR 1985 SC 935)
had pointed out the necessity to introduce
irretrievable breakdown of marriage and mutual
consent as grounds for grant of divorce in all cases.

Later in Naveen Kohli Vs. Neelu Kohli

AIR 2006 SC 1675

S.C. Recommended to the Union of India to

seriously consider bringing an amendment in the
H.M. Act, 1955 to incorporate irretrievable breakdown
of marriage

Later 18th Law Commission suo motu took up the matter

and in its 217th Report titled
Irretrievable Breakdown of Marriage. Another Ground for
Divorce presented to the Government in 2009
recommended that it should be incorporated as another
ground for grant of decree of Divorce under the aforesaid Acts.

Haing regard to the recommendations of the Law

Commissions and the obsrvations of the Honourable
Supreme Court and demand from various quarters, it is
proposed to amend the [Link], 1955 and the Special
Marriage Act, 1954 to provide irretrievable breakdown of
marriage as a ground of divorce under certain safeguards
tothe wife and affected children

 Now a petition for grant of Decree of Divorce on the ground of mutual

Consent could be presented by both the parties to the marriage before
the Court

Under Sec.13B (1) of [Link], 1955

Under Sec.28(1) Of Special Marriage Act, 1954

Under those Sections of the above Acts, the parties have to move a
motion jointly not earlier than 6 months after the date of presentation of
the petition, and not earlier than 18 months after the said date
But it has been observed in most of the cases parties do not turn up
for filing the motion jointly, leading the party desirous of obtaining a
decree of divorce helpless and remedilesss.

In order to mitigate such hardship and allow divorce in cases of

complete failure of such marriages , i

it is proposed to amend Sec.13 B (2) of [Link], 1955

Sec.28(2)
of Special Marriage Act,
1954

AMENDMENT TO H. M. ACT, 1955

Amendment of Sec.13 B
In Sec. 13 B(2) on the motion of both the
parties made, not earlier than 6 months, after
the date of the presentation of the petition and
not later than 18 months after the said date, if
the petition is not withdrawn in the mean
timeUpon receipt of a petition under
[Link](1) Shall be subtituted

Insertion of new Sections Sec.13 C, Sec.13D

and Sec.13 E

Sec.13 C
Divorce on ground of irretrievable
breakdown of marriage
Sec.13C(1)
either party to the marriage( whether
solemized before or after the commencement
of Marriage Laws (Amendment) Act, 2010 )
may present a petition for divorce to the
District Court on the ground that the
marriage has brokendown irretrievably

 Sec.13 C (2)
On hearing the petition the Court
shall not
hold the marriage to have broken
down irretrievably

unless the Court is satisfied

that the parties have lived apart for a
continuous period of 3 years
immediately preceding the
presentation of the petition

 Sec.13C (3)
on evidence if the court is satisfied that
the parties to the marriage have lived apart
for a continuous period of not less than 3
years immediately preceding the
presentation of the petition, then, unless it
is satisfied on all the evidence that the
marriage has not broken down irretrievably,
it shall grant a decree of divorce, subject to
the provisions of this Act

 Sec.13 C(4)

Sec.13C (5)
For the purpose of this section
continuous of not less than 3 years in
[Link].(2) of Sec.13 C and
3 months period in [Link]. (4) Of Sec.13
(C)
a husband and wife shall be treated as
living apart
unless they are living with each other in the
same household

Sec. 13 D (1)
The wife, as a respondent in a petition for the
dissolution of a decree of divorce, under Sec.13 C may
oppose the grant of a decree on the ground that the
dissolution will result in financial hardship to her and it
would be wrong to dissolve the marriage
Sec.13D (2)
in Case of opposition
(a) if the court is satisfied that the petitioer is entitlrd to
rely on the ground set out in Sec.13 C; and
(b) apart from this section , the court would grant a
decree on the petiton

 Here the court shall consider

all the circumstances,
the conduct of the parties,
and the interests of those parties and of any children
concerned
After considering all , if the court is of the opinion that
the dissolution of marriage shall result in grave
financial hardship to the respondent and that it would
be wrong to dissolve the marriage,
it shall dismiss the petition or
in appropriate case Stay the proceedings, until
arrangements have been made to its satisfaction to
eliminate hardship.

 Sec.13 E
The Court shall not pass a Decree under Sec.13 C ,
unless the court is satisfied that adequate provision
hasbeen made for maintenance of children
consistently with the financial capacity.
Explanation
minor means
(a) minor children
(b) unmarried or widowed daughters having no
financial support
(c) children because of their physical or mental health
need looking after and lack of financial assistance

Fundamental changes by 2010 Amendment

H.M. Act 1955
Spl. Mae. Act 1954
Amdmt
Sec.13 B
Sec. 28
Insertion of Sec. 13C(1)
Sec.28A(1)
Sec.13C(2)
Sec.28A(2)
Sec.13C(3)
Sec.28A(3)
Sec.13C(4)
Sec.28A(4)
Sec.13C(5)
Sec.28A(5)
Sec.13 D ( 1)
Sec.28 B(1)
Sec.13 D (2)
Sec.28B (2)
Sec.13 E
Sec.28 C
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