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  • Writer's pictureDivorce Point

Grounds for divorce under The Indian Divorce Act 1869 and its applicability

This divorce act of 1869 governs the laws by which Christian couples in India can get a divorce. A man and a woman seeking for dissolution of their marriage can do so by filing a petition for divorce in accordance with the provision of this act.

The following grounds serve as the basis by which couples can apply for divorce

  1. If either party (Husband or Wife) has committed Adultery.

  2. Ceases to be a Christian by converting to another religion or otherwise.

  3. If either party desserts the other for a continuous period of 2 years or more.

  4. Is of unsound mind for a continuous period of 2 years.

  5. Has been or shown signs of cruelty towards the petitioner, which has created unreasonable fear in the petitioner’s mind that it would be injurious for him/her to live with the respondent.

  6. If either party has been suffering from a venereal disease for a minimum of 2 years.

  7. If either party refuses to consummate the marriage.

  8. That since the solemnization of the marriage, the respondent has not been heard or seen alive for a period of 7 years by those who would have naturally seen or heard from the respondent if he/she had been alive.

By mutual consent

When both parties mutually consent to filing for a petition for the dissolution of the marriage under section 10 A of the Indian Divorce act, 1869.

  1. The parties wishing to file for divorce through mutual consent must be living separately; not as husband and wife for at least two years.

  2. They mutually agree that they are unable to stay with each other due to certain reasons.

  3. Both parties have mutually agreed to share custody of children; if any, Property and Maintenance without any conflict.

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