THE INDIAN DIVORCE (AMENDMENT) BILL, 2001
ACT NO. 51 OF 2001
[24th September, 2001.]
An Act further to amend the Indian Divorce Act, 1869.
BE it enacted by Parliament in the Fifty-second Year of the Republic
of India as follows:-
1.
Short title and commencement.
1. Short title and commencement.-(1) This Act may be called the
Indian Divorce (Amendment) Act, 2001.
(2) It shall come into force on such date as the Central Government
may, by notification in the Official Gazette, appoint.
2.
Amendment of section 1.
2. Amendment of section 1.-In section 1 of the Indian Divorce Act,
1869 (4 of 1869) (hereinafter referred to as the principal Act), the
word "Indian" shall be omitted.
3.
Amendment of section 3.
3. Amendment of section 3.-In section 3 of the principal Act,-
(a) in clause (3), for the words "or of whose jurisdiction under this
Act", the words "or of whose jurisdiction under this Act the marriage
was solemnized or" shall be substituted;
(b) clauses (6) and (7) shall be omitted.
4.
Omission of section 7.
4. Omission of section 7.-Section 7 of the principal Act shall be
omitted.
5.
Substitution of new section for section 10.
5. Substitution of new section for section 10.-For section 10 of the
principal Act, the following section shall be substituted, namely:-
"10. Grounds for dissolution of marriage.-(1) Any marriage
solemnized, whether before or after the commencement of the Indian
Divorce (Amendment) Act, 2001, may, on a petition presented to the
District Court either by the husband or the wife, be dissolve on the
ground that since the solemnization of the marriage, the respondent -
(i) has committed adultery; or
(ii) has ceased to be Christian by conversion to another religion; or
(iii) has been incurably of unsound mind for a continuous period of
not less than two years immediately preceding the presentation of the
petition; or
(iv) has, for a period of not less than two years immediately
preceding the presentation of the petition, been suffering from a
virulent and incurable form of leprosy; or
(v) has, for a period of not less than two years immediately preceding
the presentation of the petition, been suffering from venereal disease
in a communicable form; or
(vi) has not been heard of as being alive for a period of seven years
or more by those persons who would naturally have heard of the
respondent if the respondent had been alive; or
(vii) has wilfully refused to consummate the marriage and the marriage
has not therefore been consummated; or
(viii) has failed to comply with a decree for restitution of conjugal
rights for a period of two years or upwards after the passing of the
decree against the respondent; or
(ix) has deserted the petitioner for at least two years immediately
preceding the presentation of the petition; or
(x) has treated the petitioner with such cruelty as to cause a
reasonable apprehension in the mind of the petitioner that it would be
harmful or injurious for the petitioner to live with the respondent.
(2) A wife may also present a petition for the dissolution of her
marriage on the ground that the husband has, since the solemnization
of the marriage, been guilty of rape, sodomy or bestiality.".
6.
Insertion of new section 10A.
6. Insertion of new section 10A.-After section 10 of the principal
Act, the following section shall be inserted, namely:-
"10A. Dissolution of marriage by mutual consent.-(1) Subject to the
provisions of this Act and the rules made thereunder, a petition for
dissolution of marriage may be presented to the District Court by both
the parties to a marriage together, whether s ch marriage was
solemnized before or after the commencement of the Indian Divorce
(Amendment) Act, 2001, on the ground that they have been living
separately for a period of two years or more, that they have not been
able to live together and they have mu ually agreed that the marriage
should be dissolved.
(2) On the motion of both the parties made not earlier than six months
after the date of presentation of the petition referred to in
sub-section (1) and not later than eighteen months after the said
date, if the petition is not withdrawn by both the part es in the
meantime, the Court shall, on being satisfied, after hearing the
parties and making such inquiry, as it thinks fit, that a marriage has
been solemnized and that the averments in the petition are true, pass
a decree declaring the marriage to be issolved with effect from the
date of decree.".
7.
Substitution of new section for section 11.
7. Substitution of new section for section 11.-For section 11 of the
principal Act, the following section shall be substituted, namely:-
"11. Adulterer or adulteress to be co-respondent.-On a petition for
dissolution of marriage presented by a husband or wife on the ground
of adultery, the petitioner shall make the alleged adulterer or
adulteress a co-respondent, unless the petitioner is xcused by the
Court from so doing on any of the following grounds, namely:-
(a) that the wife, being the respondent is leading the life of a
prostitute or the husband, being respondent is leading an immoral life
and that the petitioner knows of no person with whom the adultery has
been committed;
(b) that the name of the alleged adulterer or adulteress is unknown to
the petitioner although the petitioner has made due efforts to
discover it;
(c) that the alleged adulterer or adulteress is dead.".
8.
Amendment of section 13.
8. Amendment of section 13.-In section 13 of the principal Act, the
last paragraph shall be omitted.
9.
Amendment of section 14.
9. Amendment of section 14.-In section 14 of the principal Act, in
paragraph 4, the words "in the manner and subject to all the
provisions and limitations in sections 16 and 17 made and declared"
shall be omitted.
10.
Amendment of section 15.
10. Amendment of section 15.-In section 15 of the principal Act,-
(a) the words "without reasonable excuse" shall be omitted;
(b) for the words "her adultery and cruelty", the words "her adultery
or cruelty or desertion" shall be substituted;
(c) for the words "such cruelty", the words "such adultery, cruelty"
shall be substituted.
11.
Amendment of section 16.
11. Amendment of section 16.-In section 16 of the principal Act the
words, "not being a confirmation of a decree of a District Court,"
shall be omitted.
12.
Substitution of new section for section 17.
12. Substitution of new section for section 17.-For section 17 of the
principal Act, the following section shall be substituted, namely:-
"17. Power of High Court to remove certain suits.-During the progress
of the suit in the Court of the District Judge, any person suspecting
that any parties to the suit are or have been acting in collusion for
the purpose of obtaining a divorce, shall be at liberty, in such
manner as the High Court by general or special order from time to time
directs, to apply to the High Court to remove the suit under section
8, and the Court shall thereupon, if it thinks fit, remove such suit
and try and determine the same as a court of original jurisdiction,
and the provisions contained in section 16 shall apply to every suit
so removed; or it may direct the District Judge to take such steps in
respect of the alleged collusion as may be necessary, to enable him to
ma e a decree in accordance with the justice of the case.".
13.
Omission of section 17A.
13. Omission of section 17A.-Section 17A of the principal Act shall
be omitted.
14.
Amendment of section 18.
14. Amendment of section 18.-In section 18 of the principal Act, the
words "or to the High Court" shall be omitted.
15.
Amendment of section 19.
15. Amendment of section 19.-In section 19 of the principal Act, in
the last paragraph, for the words "jurisdiction of the High Court",
the words "jurisdiction of the District Court" shall be substituted.
16.
Omission of section 20.
16. Omission of section 20.-Section 20 of the principal Act shall be
omitted.
17.
Amendment of section 22.
17. Amendment of section 22.-In section 22 of the principal Act, the
words "without reasonable excuse" shall be omitted.
18.
Amendment of sections 23, 27 and 32.
18. Amendment of sections 23, 27 and 32.-In sections 23, 27 and 32 of
the principal Act, the words "or the High Court" shall be omitted.
19.
Omission of section 34.
19. Omission of section 34.-Section 34 of the principal Act shall be
omitted.
20.
Omission of section 35.
20. Omission of section 35.-Section 35 of the principal Act shall be
omitted.
21.
Amendment of section 36.
21. Amendment of section 36.-In section 36 of the principal Act, the
proviso shall be omitted.
22.
Amendment of section 37.
22. Amendment of section 37.-In section 37 of the principal Act, for
the portion beginning with the words "The High Court" and ending with
the words "the husband shall", the words "Where a decree of
dissolution of the marriage or a decree of judicial sep ration is
obtained by the wife, the District Court may order that the husband
shall" shall be substituted.
23.
Omission of section 39.
23. Omission of section 39.-Section 39 of the principal Act shall be
omitted.
24.
Amendment of section 40.
24. Amendment of section 40.-In section 40 of the principal Act, for
the portion beginning with the words "The High Court" and ending with
the words "may inquire into", the words "The District Court may,
before passing a decree for dissolution of the mar iage or a decree of
nullity of marriage, inquire into" shall be substituted.
25.
Amendment of section 43.
25. Amendment of section 43.-In section 43 of the principal Act, for
the portion beginning with the words "In any suit for obtaining" and
ending with the words "deems proper", the words "In any suit for
obtaining a dissolution of marriage or a decree of ullity of marriage
instituted in a District Court, the Court may from time to time before
making its decree, make such interim orders as it may deem proper"
shall be substituted.
26.
Amendment of section 44.
26. Amendment of section 44.-In section 44 of the principal Act, for
the portion beginning with the words "The High Court" and ending with
the words "may upon application", the words "Where a decree of
dissolution or nullity of marriage has been passed, he District Court
may, upon application" shall be substituted.
27.
Amendment of section 45.
27. Amendment of section 45.-In section 45 of the principal Act, for
the words "Code of Civil Procedure", the words and figures "Code of
Civil Procedure, 1908 (5 of 1908)" shall be substituted.
28.
Amendment of section 52.
28. Amendment of section 52.-In section 52 of the principal Act, for
the portion beginning with the words "by a wife" and ending with the
words "without reasonable excuse", the words "by a husband or a wife,
praying that his or her marriage may be dissol ed by reason of his
wife or her husband, as the case may be, having been guilty of
adultery, cruelty or desertion" shall be substituted.
29.
Amendment of section 55.
29. Amendment of section 55.-In section 55 of the principal Act,-
(a) the first proviso shall be omitted;
(b) in the second proviso, for the words "Provided also", the words
"Provided" shall be substituted.
30.
Substitution of new section for section 57.
30. Substitution of new section for section 57.-For section 57 of the
principal Act, the following section shall be substituted, namely:-
"57. Liberty to parties to marry again.-Where a decree for
dissolution or nullity of marriage has been passed and either the time
for appeal has expired without an appeal having been presented to any
court including the Supreme Court or an appeal has bee presented but
has been dismissed and the decree or dismissal has become final, it
shall be lawful for either party to the marriage to marry again.".
31.
Amendment of section 62.
31. Amendment of section 62.-In section 62 of the principal Act, for
the words "Code of Civil Procedure", the words and figures "Code of
Civil Procedure, 1908 (5 of 1908)" shall be substituted.
32.
Repeal.
32. Repeal.-The Indian and Colonial Divorce Jurisdiction Act, 1926
(16 & 17 Geo. 5, c. 40), the Indian and Colonial Divorce
Jurisdiction Act, 1940 (3 and 4 Geo. IV C. 35) and the Indian
Divorce Act, 1945 (9 Geo. VI C. 51) are hereby repealed.
