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Section10
The Divorce Act, 1869

Grounds for dissolution of marriage

In force From 26 Apr 1869 Act 4 of 1869 As on 15 Oct 2026

Act 4 of 1869 Ministry Law and Justice Enacted 26 Jan 1869 In force 26 Apr 1869 Cited by 1 provision

Section 10 of the Divorce Act, 1869 deals with grounds for dissolution of marriage. 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--- The Act came into force on 26 Apr 1869.

1[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

2******

(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.]

Section 10, The Divorce Act, 1869 (Act 4 of 1869).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Referred to by 1

  1. s. 61 Bar of suit for criminal conversation

Related judgements & precedents

These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.

  1. Nobby M. George v. Jossy Joseph

    High Court 12 Dec 2019 Persuasive (High Court) Reportable Mat. Appeal Nos. 76 of 2017 & 166 of 2017 (Kerala)

    Court's Decision & Legal Precedent

    Final Order order-1.pdf 2019-12-12 DATE VERIFIED. K. Harilal + C.S. Dias DB. Mat.Appeal 76/2017 & 166/2017. C.R. Isolate: Divorce Act s.10(1)(x) cruelty — pre-compromise incidents were condoned (s.12) and cannot found dissolution; Metropolitan Tribunal dissolution is irrelevant (Molly Joseph / George Sebastian FB); s.10(1)(ix) desertion petition filed before two years is premature. Gift/settlement cancellation (TP 122/123) is set aside — do not map TP 53. Map 10 only. Leading HC DB companion for new Divorce Act. order-2/order-3.pdf same date not attached.

    On this section: Divorce Act s.10(1)(x) cruelty incidents condoned under s.12 cannot found dissolution; a s.10(1)(ix) desertion petition filed before two years is premature; church-tribunal dissolution is irrelevant (Nobby M. George applying Molly Joseph).

    Read the full order on eCourts India

The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.

Questions about Section 10

What have the courts held on Section 10 of the Divorce Act?

Nobby M. George v. Jossy Joseph (12 Dec 2019) is the leading judgment on this section among those set out below: Divorce Act s.10(1)(x) cruelty incidents condoned under s.12 cannot found dissolution; a s.10(1)(ix) desertion petition filed before two years is premature; church-tribunal dissolution is irrelevant (Nobby M. George applying Molly Joseph).

How do I find court cases under Section 10 of the Divorce Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Divorce Act 1869 10, section 10 Divorce Act 1869, section 10 of the Divorce Act. People searching for it also type divorce act 10 1 x and divorce act 10a. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Nobby M. George v. Jossy Joseph (12 Dec 2019).

What should I read with Section 10 of the Divorce Act, and has it changed?

1 other provision in this corpus refers back to it.

When did Section 10 of the Divorce Act come into force?

Section 10 of the Divorce Act, cited as Divorce Act 1869 10, came into force on 26 Apr 1869, having been enacted on 26 Jan 1869. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.