The Indian Divorce (Amendment) Act,2001 | Family Law - CLAT PG PDF Download

Overview of the Indian Divorce (Amendment) Act, 2001

The Indian Divorce (Amendment) Act, 2001, is a legislation aimed at amending certain provisions of the Indian Divorce Act, 1869. Here are the key points regarding the Act:

Short Title and Commencement

• The Act is called the Indian Divorce (Amendment) Act, 2001.
• It comes into force on a date specified by the Central government through a notification in the Official Gazette.

Amendment of Section 1

In the Indian Divorce Act, 1869, the word "Indian" is removed from Section 1.

Amendment of Section 3

• In Section 3 of the principal Act, the phrase "or of whose jurisdiction under this Act" is replaced with "or of whose jurisdiction under this Act the marriage was solemnized or."
• Clauses (6) and (7) of Section 3 are omitted.

Omission of Section 7

Section 7 of the principal Act is removed.

Substitution of New Section for Section 10

A new Section 10 is introduced in place of the old Section 10 in the principal Act.

Grounds for Dissolution of Marriage

• Any marriage, whether solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001, can be dissolved by a petition presented to the District Court by either the husband or the wife on specific grounds.
• The grounds for dissolution include:
  • Adultery: The respondent has committed adultery.
  • Religious Conversion: The respondent has ceased to be Christian by converting to another religion.
  • Unsound Mind: The respondent has been incurably of unsound mind for at least two years before the petition.
  • Leprosy: The respondent has been suffering from virulent and incurable leprosy for at least two years before the petition.
  • Venereal Disease: The respondent has been suffering from a communicable venereal disease for at least two years before the petition.
  • Presumption of Death: The respondent has not been heard of as being alive for seven years or more.
  • Refusal to Consummate: The respondent has wilfully refused to consummate the marriage.
  • Restitution of Conjugal Rights: The respondent has failed to comply with a decree for restitution of conjugal rights for two years or more.
  • Desertion: The respondent has deserted the petitioner for at least two years before the petition.
  • Cruelty: The respondent has treated the petitioner with cruelty, causing apprehension of harm or injury.
• A wife can also petition for dissolution on the grounds of the husband's guilt of rape, sodomy, or bestiality since the marriage was solemnized.

Introduction of New Section 10-A

• A new section, 10-A, is being added after Section 10 of the principal Act.

Dissolution of Marriage by Mutual Consent

• Conditions for Petition: Both parties to a marriage can jointly file a petition in the District Court for dissolution of marriage, regardless of when the marriage was solemnized. This is applicable if they have been living separately for two years or more, cannot live together, and mutually agree to dissolve the marriage.
• Timeline for Motion: The motion by both parties should be made not earlier than six months and not later than eighteen months after the petition is filed. If the petition is not withdrawn during this period, the court will pass a decree dissolving the marriage.
• Court's Role: The court will verify the marriage and the claims in the petition before granting the decree.

Substitution of New Section for Section 11

• The existing Section 11 of the Principal Act is being replaced with a new provision.

Adulterer or Adulteress as Co-Respondent

• When a husband or wife files for dissolution of marriage on the grounds of adultery, the petitioner must include the alleged adulterer or adulteress as a co-respondent.
• The court may excuse the petitioner from this requirement under certain conditions:
• Prostitution or Immoral Life: If the respondent is leading a life of prostitution or immorality, and the petitioner does not know the identity of the adulterer.
• Unknown Identity: If the petitioner has made reasonable efforts to identify the alleged adulterer or adulteress, but their name remains unknown.
• Deceased Alleged Adulterer/Adulteress: If the alleged adulterer or adulteress is deceased.

Amendments to the Principal Act

1. Amendment of Section 13

• The last paragraph of Section 13 in the principal Act will be removed.

2. Amendment of Section 14

• In Section 14, Paragraph 4, the phrase “in the manner and subject to all the provisions and limitations in Sections 16 and 17 made and declared” will be omitted.

3. Amendment of Section 15

• In Section 15:
• The phrase “without reasonable excuse” will be removed.
• The words “her adultery and cruelty” will be replaced with “her adultery or cruelty or desertion”.
• The phrase “such cruelty” will be replaced with “such adultery, cruelty”.

4. Amendment of Section 16

• In Section 16, the phrase “not being a confirmation of a decree of a district Court” will be removed.

5. Substitution of Section 17

• A new section will be substituted for Section 17, granting the High Court the power to remove certain suits during their progress in the District Judge's court. If any person suspects collusion among parties seeking a divorce, they can apply to the High Court to remove the suit under Section 8. The High Court may then try and determine the suit as a court of original jurisdiction, applying the provisions of Section 16 to such suits.

6. Omission of Section 17-A

• Section 17-A of the principal Act will be omitted.

7. Amendment of Section 18

• In Section 18, the phrase “or to the High Court” will be removed.

8. Amendment of Section 19

• In the last paragraph of Section 19, the words “jurisdiction of the High Court” will be replaced with “jurisdiction of the District Court”.

9. Omission of Section 20

• Section 20 of the principal Act will be omitted.

10. Amendment of Section 22

• In Section 22, the phrase “without reasonable excuse” will be removed.

11. Amendment of Sections 23, 27, and 32

• In Sections 23, 27, and 32, the phrase “or the High Court” will be omitted.

12. Omission of Section 34

• Section 34 of the principal Act will be omitted.

13. Omission of Section 35

• Section 35 of the principal Act will be omitted.

14. Amendment of Section 36

• The proviso in Section 36 will be removed.

15. Amendment of Section 37

• In Section 37, the portion starting with “The High Court” and ending with “The husband shall” will be replaced with “Where a decree of dissolution of the marriage or a decree of judicial separation is obtained by the wife, the District Court may order that the husband shall”.

16. Omission of Section 39

• Section 39 of the principal Act will be omitted.

Amendments to the Divorce Act

Amendment of Section 40

• The District Court is now authorized to conduct inquiries before issuing decrees for the dissolution or nullity of marriage.

Amendment of Section 43

• In District Court cases for dissolution or nullity of marriage, interim orders can be made by the court before finalizing the decree.

Amendment of Section 44

• The District Court, not the High Court, can act upon applications following a decree of dissolution or nullity of marriage.

Amendment of Section 45

• The term “Code of Civil Procedure” is replaced with “Code of Civil Procedure, 1908 (5 of 1908)” in Section 45.

Amendment of Section 52

• Section 52 is revised to address petitions for marriage dissolution based on adultery, cruelty, or desertion by either spouse.

Amendment of Section 55

• The first proviso in Section 55 is removed, and the second proviso is modified for clarity.

Substitution of Section 57

• A new Section 57 is introduced, allowing parties to remarry after a final decree of dissolution or nullity of marriage under specific conditions.

Amendment of Section 62

• Similar to Section 45, “Code of Civil Procedure” is replaced with “Code of Civil Procedure, 1908 (5 of 1908)” in Section 62.

Repeal of Previous Acts

• The Indian and Colonial Divorce Jurisdiction Act, 1926, the Indian and Colonial Divorce Jurisdiction Act, 1940, and the Indian Divorce Act, 1945 are repealed.