Indian Divorce Act2001 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 S.C.or 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 it’s 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 it’s own motion or on the application of any of the parties, drawup a statement of the case and refer the matter with the Court’s 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 Court’s 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 it’s 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

, if she had

• 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)• Court’s 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

• Court’s power to make orders as to custody in dissolution or nullity of marriage ( Sec.43) ,

• the District may from time to time before making it’s 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 King’s 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 husband’s 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 it’s consideration• Law Commission in it’s 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 H.M.Act,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 H.M.Act,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 Hon”ble 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 it’s 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 H.M.Act, 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 H.M.Act, 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 H.M.Act, 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 time””Upon receipt of a petition under Sub.Sec(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

Sub.Sec.(2) of Sec.13 C and • 3 months period in Sub.Sec. (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 • • @@@@@@@@@@@@•