Dissolution of marriage by mutual consent
Section 10A of the Divorce Act, 1869 deals with dissolution of marriage by mutual consent. 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 such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, The Act came into force on 26 Apr 1869.
1[(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 such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 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 mutually 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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the mean time, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage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 dissolved with effect from the date of decree.]
Section 10A, The Divorce Act, 1869 (Act 4 of 1869).
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.
-
Linish P. Mathew v. Mruthula Mathew
Court's Decision & Legal Precedent
Final Order / Judgment order-1.pdf 2012-07-20 DATE VERIFIED. K.T. Sankaran + M.L. Joseph Francis DB. Mat.Appeal 453/2011 with Cross Objection 49/2011 and Mat.Appeal 454/2011. Isolate: Divorce Act s.10A mutual consent — when High Court entertains a s.10A petition in a pending appeal, it follows District Court s.10A procedure and may pass a decree dissolving the marriage from the date of decree; a decree nisi under s.16 is not required for a s.10A decree (disagreeing with Sherly Thomas; aligning with Monika Sanctis Karnataka). Recites amended s.17 (collusion removal) but isolate is 10A. Do not map current s.17 or s.16. Map 10A only.
On this section: Divorce Act s.10A: mutual-consent dissolution in a pending High Court appeal does not require a decree nisi under s.16; the court may dissolve the marriage from the date of the decree after the statutory waiting period (Linish P. Mathew).
-
Althea Verna Wasdell v. Brendon Alfred Wasdell
Court's Decision & Legal Precedent
Final Order order-1.pdf 2021-07-30 DATE VERIFIED (body header matches index; embedded 2018/1991 dates are prior decree/marriage facts). B.V. Nagarathna + P. Krishna Bhat DB. MFA under s.55 from Family Court dismissal of s.10 petition; parties filed joint s.10A(1) petition with application under s.10A(2) to waive six months. Isolate: Divorce Act s.10A — long separation and pending litigation support waiver of the s.10A(2) six-month period (Amardeep Singh analogy) and grant of mutual-consent dissolution. Appeal disposed on 10A terms. Do not map s.55 as the teaching isolate. Map 10A only.
On this section: Divorce Act s.10A(2): where parties have long lived apart and litigation has run for years, the High Court may waive the six-month cooling period and dissolve the marriage by mutual consent (Althea Wasdell applying Amardeep Singh).
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 10A
What have the courts held on Section 10A of the Divorce Act?
Linish P. Mathew v. Mruthula Mathew (20 Jul 2012) is the leading judgment on this section among those set out below: Divorce Act s.10A: mutual-consent dissolution in a pending High Court appeal does not require a decree nisi under s.16; the court may dissolve the marriage from the date of the decree after the statutory waiting period (Linish P. Mathew). Another 1 judgment on this section is set out below. They run from 2012 to 2021.
How do I find court cases under Section 10A 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 10A, section 10A Divorce Act 1869, section 10A of the Divorce Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Linish P. Mathew v. Mruthula Mathew (20 Jul 2012).
When did Section 10A of the Divorce Act come into force?
Section 10A of the Divorce Act, cited as Divorce Act 1869 10A, 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
- 3. Interpretation-clause389 words
- 10. Grounds for dissolution of marriage296 words
- 60. Decree for separation or protection-order valid as to persons dealing with wife before reversal253 words
- 16. Decrees for dissolution to be nisi225 words
- 14. Power to Court to pronounce decree for dissolving marriage214 words
- 37. Power to order permanent alimony205 words
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.