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JB (Analyst)     17 November 2014

Mutual consent divorce under christian marriage act

Sir, Could you please tell me the procedure for getting divorce under Christian Marriages Act? How long it will take to get the divorce under this act?



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 3 Replies

SRINIVASA PRASAD Warangal A.P (LEGAL PRACTIONER )     18 November 2014

File joint petition  under section 28 of Special Marriage Act and wait for 6 months 

T. Kalaiselvan, Advocate (Advocate)     19 November 2014

The provisions of Section 10-A of the Indian Divorce Act will be applicable for dissolution of marriages solemnised under Christian religious rites by a decree of divorce on the grounds of Mutual consent.

The procedure for seeking a divorce by mutual consent is same under each Act, which is initiated by filing a petition, supported by affidavits from both partners, in the Court of Civil Judge Senior Division. Known as the First Motion Petition for Mutual Consent Divorce, this should contain a joint statement by both partners present in Court, that due to their irreconcilable differences, they can no longer stay together and should be granted a divorce by the court. After six months, the Second Motion Petition for Mutual Consent Divorce should be filed by the couple and they are required to reappear in the court. A gap of six months is given between the two motions, so as to offer the estranged couple adequate time to reconsider their decision of dissolving their marriage. After hearings from the husband and wife, if the judge is satisfied that all the necessary grounds and requirements for the divorce have been met, the couple is granted a mutual divorce decree. Some of the important issues on which the couple should have agreed, before filling petition are custody of child, alimony to wife, return of dowry items or “Istreedhan” and litigation expenses which should be mentioned in their petition for divorce by mutual consent,.

hidden   30 January 2016

Sir,

Please tell me the procedure for getting divorce under Christian Marriages Act?

After 6 months both partners have to court. For what reason?


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