Indian Divorce Act, 1869

10. When husband may petition for dissolution

Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery.

When wife may petition for dissolution -Any wife may present a petition to the District Court or to the High Court, praying that her marriage may be dissolved on the ground that, since, the solemnization thereof, her husband has exchanged his profession of Christianity for the profession of some other religion, and gone through a form of marriage with another woman;

or has been guilty of incestuous adultery,

or of bigamy with adultery,

or of marriage with another woman with adultery,

or of rape, sodomy or bestiality,

or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro,

or of adultery coupled with desertion, without reasonable excuse, for two years or upwards.

Contents of petition - Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded.

Comment :If grounds need to be added to those already specifically set forth in the legislation, that is the business of the Legislature and not of the Courts. It is another matter that in construing the Language in which the grounds are incorporated the Courts should give a liberal construction to it. Indeed, we think that the Courts must give the fullest amplitude of meaning to such a provision. But it most be meaning which the language of the section is capable of holding. It cannot be extended by adding now grounds not enumerated in the section. Reynold Rajamani and another, Appellants v. Union of India AIR 1982 SUPREME COURT 1261

Back

Index

Next