Christian Divorce Act


Hi,

My Brother is married for three years.He is 31 Years old.His wife is 29 years.She is not willing to become a mother for no reason.In such a situation,will he is eligible for divorce under Christian Divorce act
 
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Advocate

Firstly it's not Christian Divorce Act, it's just the Divorce Act, 1869. Secondly the wife not willing to become mother as such is no ground for divorce however refusal for matrimonial s*xual relationship with husband can be considered as act of cruelty on the basis of which divorce under section 10 of the Divorce Act can be sought for Christian marriages in India.
 
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Advocate

If that is the only ground of discontentment between your brother and his wife,  I would first advise them to try marriage counselling.  If there are, however, other more compelling reasons because of which your brother has made up his mind to put an end to the marriage, he can file for Divorce under the Divorce Act, 1869.  However, whether the aforesaid ground makes him eligible to obtain Divorce from the Court dependes on the other facts as simpliciter refusal to expand the family may not directly constitute cruelty, unless put in the right perspective. 


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FIN

While the purpose of marriage is to reproduce and extend one’s family also.

Still the matter may be tried by elders of family, well wishers, mediators, councilors…and there might be amicable solution…or atleast some irrefutable record, evidences, unshakable witnesses..on refusal and IT’s effects on other spouse..

Avoid rushing to courts.. and also empty handed.


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FIN

 

Inability to conceive may not be a ground…

Single minded refusal to child birth if spouse can bear and raise the child may be cruelty and a ground..

The contentions of spouse may have to be established to convince the court!

Approach a very able senior LOCAL counsel of unshakable repute and integrity specializing in Family matters and having successful track record …………….and worth his/her salt…


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FIN

In the meantime you may carefully go thru;

Supreme Court of India

Samar Ghosh vs Jaya Ghosh on 26 March, 2007

According to the appellant, soon after the marriage, the respondent asked the appellant not to interfere with her career. She had also unilaterally declared her decision not to give birth to a child for two years and the appellant should not be inquisitive about her child and he should try to keep himself aloof from her as far as possible.’

 

https://indiankanoon.org/doc/766894/

 
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FIN

If you are at Mumbai, consult counsels practising in family courts....

IT is vaguely remembered one such matter was decided and divorce was granted... 

 
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