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THE DIVORCE ACT, 1869 ACT NO. 4 OF 11869 [26th February, 1869.] An Act to amend the law relating to Divorce and Matrimonial Causes 2***. Preamble.—WHEREAS it is expedient to amend the law relating to the divorce of persons professing the Christian religion, and to confer upon certain Courts jurisdiction in matters
Jan 1, 2001 · The Divorce Act, 1869 ACT NO. 4 OF 1869 [26th February, 1869] An Act to amend the law relating to Divorce and Matrimonial Clauses. Whereas it is expedient to amend the law relating to the divorce of persons professing the Cristian religion, and to confer upon certain Courts jurisdiction in matters matrimonial; it is hereby enacted as follows:-.
- Introduction
- Background of The Indian Divorce Act, 1869
- Grounds For Dissolution of Marriage
- Different Ways For Obtaining Divorce
- Judicial Pronouncements
- The Indian Divorce (Amendment) Act, 2001
- Conclusion
- Frequently Asked Questions
- References
- GeneratedCaptionsTabForHeroSec
The Indian Divorce Act, 1869, also known as the Divorce Act, 1869 was introduced to govern the divorce laws for Christian couples in India. It deals with the dissolution of marriage between a man and a woman in the Christian community. It is a codified Indian personal law. It states that when either the husband or the wife files a petition for divo...
The Indian Divorce Act, 1869, amends the laws that govern the divorce of people who profess Christianity. The British had enforced this Act before independence. This Act came into effect on 1st April, 1869, and is applicable to the whole of India, though the state of Jammu and Kashmir is excluded. In India, the Hindus, Sikhs, Buddhists, and Jains a...
According to Section 10of the Indian Divorce Act, 1869, it encompasses various grounds for dissolution of marriage. The wife or husband has to present a petition to the district court for a divorce. It is also necessary to file that petition in the court under whose jurisdiction they have formalised their marriage or in which they reside or have la...
Divorce by mutual consent of the parties
When the parties mutually agree to present a petition for divorce under Section 10Aof the Indian Divorce Act, 1869, the court will regard it as a divorce by mutual consent. To get divorced under this heading, the parties filing the petition must have lived separately for at least two years. Otherwise, the court will not accept the petition. The couple has to prove the following factors, which are as follows- 1. They have been living separately, i.e., not as husband and wife, for a minimum of...
Divorce that is not by mutual consent
Either of the parties can present a petition for divorce under this Act. The various circumstances for which they can file for dissolution of marriage are as follows-
Decree of nullity of marriage
A marriage may be declared null and void under Section 19of the Indian Divorce Act, 1869. Other than dissolution of marriage, this Act also has provisions regarding nullity of marriage. Either of the spouses can file a petition with the District Court or High Court, pleading that the court declare his or her marriage null and void. A marriage may be declared null and void on any of the following grounds- 1. The respondent was impotent at the time of solemnization of marriage and at the time o...
In the case of Major Frank Ralston Samuel Raj v. Kezia Padmini Swarna Pandian (2016), the husband presented an appeal against the petitioner, his wife, who had filed for restitution of conjugal rig...In the case of Tomy Joseph v. Smitha Tomy (2018), the couple, by their mutual consent, filed a divorce petition in the family court. The court dismissed the petition on the ground that there is no...The Indian Divorce Act, 1869, was amended, and the new Act was introduced. This Act was repealed, and the Indian Divorce (Amendment) Act, 2001, was enacted with the assent of the President on 24th September, 2001. This amended Act not only revolutionised the Christian divorce laws but also made a positive impact towards the goal of a uniform divorc...
The Indian Divorce Act, 1869, was considered outdated and harsh. So it was repealed as it discriminates on the basis of gender as well as religion. It was ultra vires to the Constitution of India, as it is against the right to equality. The Indian Divorce (Amendment) Act, 2001, was introduced to remove all this discrimination and provide a big step...
What is adultery?
Adultery is an act of indulgence in any kind of sexual relationship, which includes intercourse with any other person outside marriage. Adultery was considered a criminal offence before. But the criminality of adultery under the Indian Penal Code was struck down by the Supreme Court on 27th September, 2018. But a single act of adultery can be grounds for filing for divorce.
What is cruelty?
Cruelty includes both mental and physical injury that can cause danger to life, health, and limb. Mental cruelty is intangible in nature which is judged by looking into a number of incidents. Mental torture includes not giving food, continuously harassing for dowry, and likewise. Physical torture by the husband includes beatings, sexual abuses, etc.
What is a venereal disease?
A spouse can file for divorce if the other party is suffering from some kind of serious disease that is communicable in nature. AIDS (acquired immunodeficiency syndrome) is a sexually transmitted disease that is considered a venereal disease.
Learn about the divorce laws for Christian couples in India under the Indian Divorce Act, 1869. Find out the grounds, procedures, rights, and remedies for dissolution of marriage.
- Rachit Garg
Aug 14, 2023 · Learn about the Divorce Act, 1869, which governs divorce, judicial separation, and other related matters in India. Find out the grounds for dissolution of marriage, nullity, alimony, settlements, and custody of children under this legislation.
- (1) The Supreme Court in the exercise of its jurisdiction may pass such decree or make such order as is necessary for doing complete justice in any...
- While the court can issue a decree for the restitution of conjugal rights, it cannot physically force a spouse to return to the matrimonial home. C...
- (1) यदि पर्याप्त साधनों वाला कोई व्यक्ति- (क) अपनी पत्नी का, जो अपना भरणपोषण करने में असमर्थ है, या (ख) अपनी धर्मज या अधर्मज अवयस्क संतान का चाहे व...
- (1) इस अधिनियम के उपबन्धों के अधीन रहते हुए यह है कि विवाह के दोनों पक्षकार मिलकर विवाह विच्छेद की डिक्री द्वारा विवाह के विघटन के लिए अर्जी, चाहे...
- जो कोई, किसी स्त्री का पति या पति का नातेदार होते हुए, ऐसी स्त्री के प्रति क्रूरता करेगा, वह कारावास से, जिसकी अवधि तीन वर्ष तक की हो सकेगी, दण्डित...
- Where in any suit it is proved by affidavit or otherwise--(a) that any property in dispute in a suit is in danger of being wasted, damaged or alien...
- The Court may at any stage of the proceedings allow either party to alter or amend his pleadings in such manner and on such terms as may be just, a...
- (1) Where admissions of fact have been made either in the pleading or otherwise; whether orally or in writing, the Court may at any stage of the su...
- (1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), may, on a petition...
- (1) Either party to a marriage, whether solemnised before or after the commencement of this Act, may present a petition praying for a decree for ju...
The Law Commission of India submitted a report in 1998 on the Indian Divorce Act 1869, which applies to Christians in India. The report criticized the discriminatory and anachronistic provisions of the Act and suggested amendments to remove anomalies and inequalities.
Interpretation-clause. Section 4. Matrimonial jurisdiction of High Courts to be exercised subject to Act. Exception. Section 5. Enforcement of decrees or orders made heretofore by Supreme or High Court. Section 6. Pending suits. Section 7.
Full text containing the act, Indian Divorce Act, 1869, with all the sections, schedules, short title, enactment date, and footnotes.
