Christian Divorce Petition Format under Section 10 of the Divorce Act, 1869
A practical, updated specimen petition for dissolution of a Christian marriage in India, with the current statutory grounds, adultery co-respondent requirement, jurisdiction points and verification clause.
Official text: The Divorce Act, 1869 - India Code
Who can file a petition under Section 10?
Section 10 permits either the husband or the wife to seek dissolution of a marriage governed by the Divorce Act, 1869 on the grounds stated in that section. Section 2 also imposes jurisdictional conditions, including the requirement applicable to decrees of dissolution that the parties be domiciled in India when the petition is presented.
The Act refers to presentation before the District Court. Where a Family Court has been established for the area, Sections 7 and 8 of the Family Courts Act, 1984 confer the relevant matrimonial jurisdiction on the Family Court and exclude the corresponding jurisdiction of the District Court or subordinate civil court for that area.
Current grounds for dissolution under Section 10
Subject to the precise wording and conditions of the Act, Section 10(1) permits dissolution where, after solemnization of the marriage, the respondent:
- has committed adultery;
- has ceased to be Christian by conversion to another religion;
- has been incurably of unsound mind for the statutory continuous period;
- has suffered from venereal disease in a communicable form for the statutory period;
- has not been heard of as alive for seven years or more by persons who would naturally have heard of the respondent;
- has wilfully refused to consummate the marriage and the marriage has therefore not been consummated;
- has failed to comply with a decree for restitution of conjugal rights for two years or more after the decree;
- has deserted the petitioner for at least two years immediately before presentation of the petition; or
- has treated the petitioner with cruelty of the statutory degree.
Section 10(2) also provides an additional ground to a wife where the husband has, since solemnization of the marriage, been guilty of rape, sodomy or bestiality.
Adultery petitions: Section 11 co-respondent requirement
When dissolution is sought on the ground of adultery, Section 11 ordinarily requires the alleged adulterer or adulteress to be made a co-respondent. The Court may excuse joinder only on the grounds specified in Section 11, including where the identity is unknown despite due efforts or the alleged adulterer/adulteress is dead.
The former Section 34, which allowed a husband to claim damages from an adulterer, was omitted by the Indian Divorce (Amendment) Act, 2001 with effect from 3 October 2001. Accordingly, the obsolete damages prayer appearing in older specimen petitions should not be used.
Updated specimen: Petition for dissolution of Christian marriage under Section 10
The following is a general drafting specimen. Select only the ground or grounds actually applicable and supported by facts. Bracketed portions should be adapted or deleted.
IN THE FAMILY COURT / DISTRICT COURT AT __________
MATRIMONIAL PETITION NO. ______ OF 20__
IN THE MATTER OF:
Age: ___ years, Occupation: _________
Address: __________________________ PETITIONER
VERSUS
Age: ___ years, Occupation: _________
Address: __________________________ RESPONDENT NO. 1
Mr./Ms. __________________________
Address: __________________________ RESPONDENT NO. 2 / CO-RESPONDENT
PETITION UNDER SECTION 10 OF THE DIVORCE ACT, 1869 FOR DISSOLUTION OF MARRIAGE
MOST RESPECTFULLY SHOWETH:
1. That the Petitioner and Respondent No. 1 profess the Christian religion and the marriage between them is governed by the Divorce Act, 1869. The parties satisfy the jurisdictional requirements applicable under Section 2 of the Act.
2. That the Petitioner and Respondent No. 1 were lawfully married on __________ at __________ according to Christian rites / under applicable law. A copy of the marriage certificate or other proof of marriage is filed as Annexure P-1.
3. That before the marriage, the Petitioner was residing at __________ and Respondent No. 1 was residing at __________.
4. That after the marriage the parties lived and cohabited at __________ and lastly resided together at __________.
5. That the parties have the following child/children from the marriage, if any:
(i) __________________, born on __________;
(ii) __________________, born on __________.
[If there are no children, state: "No child was born from the marriage."]
6. That this Hon'ble Court has jurisdiction to entertain the petition because __________________________ [state the facts conferring territorial and subject-matter jurisdiction, including the applicable Family Court jurisdiction, if any].
7. That after solemnization of the marriage, Respondent No. 1 has __________________________ [state the exact ground under Section 10 relied upon].
8. Particulars of the matrimonial ground: The material facts constituting the ground are as follows: __________________________. The relevant dates, places, conduct and circumstances are stated specifically and chronologically.
9. [For adultery cases only] That Respondent No. 1 committed adultery with Respondent No. 2 at/about __________ on/about __________ and/or on the occasions described below: __________________________. Respondent No. 2 is joined as co-respondent in compliance with Section 11 of the Divorce Act, 1869.
OR, where legally applicable: The Petitioner seeks leave of this Hon'ble Court to dispense with joinder under Section 11 on the following statutory ground: __________________________.
10. That there is no collusion or connivance between the Petitioner and Respondent No. 1 for obtaining a decree of dissolution of marriage.
11. That the Petitioner has not condoned the matrimonial offence relied upon, to the extent such plea is relevant to the relief claimed, and there is no legal bar disentitling the Petitioner to relief.
12. That the following earlier matrimonial or connected proceedings have taken place between the parties: __________________________.
[If none: "No previous matrimonial proceeding concerning the present relief has been filed between the parties, except as disclosed herein."]
13. That the cause of action for the present petition arose on __________ and continued/arose thereafter on __________ within the jurisdiction of this Hon'ble Court.
PRAYER
In these circumstances, the Petitioner respectfully prays that this Hon'ble Court may be pleased to:
(a) pass a decree dissolving the marriage between the Petitioner and Respondent No. 1 under Section 10 of the Divorce Act, 1869 on the ground(s) pleaded in this petition;
(b) pass appropriate orders concerning custody, access, maintenance, permanent alimony, litigation expenses or other matrimonial relief, if specifically claimed and legally maintainable;
(c) award costs of the proceedings; and
(d) grant such other or further relief as this Hon'ble Court may deem just and proper in the facts and circumstances of the case.
PETITIONER
THROUGH COUNSEL
____________________, Advocate
Place: __________
Date: __________
VERIFICATION
I, __________________________, the Petitioner above named, do hereby verify that the contents of paragraphs ___ to ___ are true to my personal knowledge, paragraphs ___ to ___ are based on information believed to be true and paragraphs ___ to ___ contain legal submissions based on advice received and believed to be correct. Nothing material has been concealed therefrom.
Verified at __________ on this ___ day of __________, 20__.
PETITIONER
Important drafting and filing notes
- Section 47: A petition for dissolution must state absence of collusion or connivance, and the statements in the petition must be verified in the manner required by law for verification of plaints.
- Adultery: If adultery is a ground, comply with Section 11 regarding joinder of the alleged adulterer/adulteress or obtain an order dispensing with joinder on a statutory ground.
- No Section 34 damages claim: The former damages provision was omitted in 2001 and has therefore been excluded from this specimen.
- Local rules matter: Pleading format, affidavits, annexures, court fees, filing forms and procedural requirements may vary under the rules and practice directions applicable to the particular Family Court, District Court or High Court.
- Use precise facts: Plead material dates, places and acts supporting the selected statutory ground. Avoid inserting allegations that cannot be supported by evidence.
Frequently asked questions
Is Section 10 only for adultery?
No. Adultery is one of several grounds now available under Section 10. The current provision also includes conversion, specified mental illness, communicable venereal disease, presumption of death, wilful refusal to consummate, non-compliance with a restitution decree, desertion and cruelty, subject to the statutory conditions.
Must an alleged adulterer or adulteress be made a party?
Ordinarily yes when dissolution is sought on adultery. Section 11 contains limited grounds on which the Court may excuse joinder.
Can the old prayer for damages against the adulterer be retained?
No. The former Section 34 was omitted with effect from 3 October 2001, so a specimen petition should not continue to seek damages under that omitted provision.