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THE DIVORCE ACT, 1869 · III.—DISSOLUTION OF MARRIAGE

Section 10 — Grounds for dissolution of marriage

(1)Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), may, on a petition presented to the District Court either by the husband or the wife, be dissolved 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
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(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.]