Ground For Divorce by Christian Husband

This query is : Resolved 

17 August 2009

Please tell me, whether a christian husband can divorce his wife, who has abandoned him for more 20 months after 19 years of marriage without any clue. Is desertion a ground for divorce? If yes what is period for the same?

R.R. KRISHNAA (Expert)
17 August 2009

I think desertion is a valid ground for divorce even under christian law. The period of desertion is not important. To constitute the ground of desertion there must be clear indication that the wife left the husband to put an end to the matrimonial life.

It all depends on the facts of your case.

23 August 2009

Yes, desertion is a ground available in Indian Divorce Act.
Its two years.

Arul Kumar (Querist)
24 August 2009

Thank you Sanjayji.

Manish Singh (Expert)
25 August 2009

Dear Sirs,

The Indian Divorce Act does not provide "desertion of two years" a ground of Divorce but the said desertion can only be a ground for judicial separation u/s 22 & 23.

christians male can only get a divorce u/s 10(only one ground as to prove the adultery on the part of wife) of the divorce act and not otherwise which says as follows :

10) When husband may petition for dissolution - Any husband may present a petition to the District Court or to the High Court, praying that his marriage may be dissolved on the ground that his wife has, since the solemnization thereof, been guilty of adultery

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