Question

The discriminatory aspects of S-10 of Indian Divorce Act (now Divorce Act) was removed by substituting new section by the

• A. Indian Divorce Amendment Act of 2001
• B. Divorce Amendment Act of 2002
• C. Indian Divorce Amendment Act of 2006
• D. Indian Divorce Amendment Act of 2012

Hint:

Remember \textbf{2001} as a landmark year for the reform of Christian personal law in India. The amendment to the Divorce Act was a major step towards gender justice, removing archaic and discriminatory provisions that had been in place for over a century.

Answer 1

The Correct Option is A

Step 1: Understanding the Concept:
The question refers to a significant reform in the personal law applicable to Christians in India. The original Indian Divorce Act, 1869, contained provisions for divorce that were highly discriminatory against women. Section 10 of the original Act required a husband to prove only adultery to get a divorce, whereas a wife had to prove adultery coupled with another ground like cruelty, desertion, or incest.
Step 2: Detailed Explanation:
This discriminatory provision was challenged and widely criticized. To bring the law in line with constitutional principles of equality, the Parliament enacted the Indian Divorce (Amendment) Act, 2001. This amendment substantially changed Section 10 of the Act. It removed the discriminatory clauses and established gender-neutral grounds for divorce, making them available to both husband and wife equally. The new grounds, such as adultery, cruelty, and desertion, were brought in line with other modern personal laws like the Hindu Marriage Act, 1955, and the Special Marriage Act, 1954. The year 2001 is the correct year for this crucial amendment.
Step 3: Final Answer:
The discriminatory aspects of Section 10 were removed by the Indian Divorce Amendment Act of 2001.