Over the years, there have been debated by various people, groups, organisations, about the need for amendment in the Indian Divorce act, 1869. The need for the amendment arises with the act discriminating based on gender and religion. It was ultra vires to the constitution s non discrimination as it was unfair to Christian spouses who lived in a tempestuous marital relationship. The reform in the act has been recommended by the Commission of India since the year 1960.
sThe Indian Divorce Act before its amendment was very discriminatory and harsh to prove in a the grounds for divorce were limited and could be filed by husband in case of his wife’s delivery. But a wife had to prove a matrimonial wrong to file for divorce. Hence, both the parties had to prove adultery proved with a matrimonial wrong to file for a divorce. There was also no provision for divorce based on mutual consent. There have been cases where the court had realised the hardship of the couple but due to absence of provision could not grant any relief to the parties.
The Indian divorce (amendment) act,2001 brought some significant changes in the Christian divorce law. This amendment in fact has been brought in par with Special Marriage Act (SMA), Hindu Marriage Act (HMA) and Parsi Marriage and Divorce Act (PMDA).
Some major amendments in the act were, Section 10 of the act was reframed. A divorce petition could now be filed on the grounds of adultery, unsoundness of mind etc. A new section 10-A was introduced. This section introduced divorce by mutual consent. This was a very welcoming change that was brought in for divorce by mutual consent. Section 11 of the act had been made equal. Previously it provided for joinder as adulterer. Another significant change was the deletion of the section 34, where there was claim for damages against the adulterator.
The major changes brought in this act have reformed the Christian divorce law and also the procedures of divorce in various cases. Gender discrimination has been removed and other major reforms have been made. Though the entire process was a long gestation, the amendment was well delivered.
