Discussion
Which one of the Acts made it mandatory to prove adultery on the part of the husband in addition to other matrimonial offences like cruelty, desertion, conversion or bigamy ?
Answer: B
The Act was the Indian Divorce Act, 1869.
Under Section 10 of the Indian Divorce Act as originally enacted, a husband could seek divorce on the wife's adultery alone, but a Christian wife had to prove adultery by the husband coupled with another matrimonial offence, such as incestuous adultery, bigamy, cruelty, desertion for two years or conversion to another religion. This discrimination was removed by the Indian Divorce (Amendment) Act, 2001.
The Special Marriage Act, the Dissolution of Muslim Marriages Act, 1939 and the Parsi Marriage and Divorce Act, 1936 did not impose this double requirement on the wife.
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