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Divorce - mutual consent - christians

Guest (Querist) 01 May 2021 This query is : Resolved 
Respected Experts

Plz guide in the following

An Christian couple intended to get divorce by mutual consent.
They are living separately since 2007. Now they r wishing to get divorced legally.

Under which act they have to proceed to get divorce by mutual consent
through which court

plz provide proforma if any to file a case in Andhra Pradesh

with thanks...
Advocate Bhartesh goyal (Expert) 02 May 2021
Yes, under sec 10(a) of Indian Divorce Act 1869 amended Act 2001, decree of divorce can be obtained by christians on ground of mutual consent.
Dr J C Vashista (Expert) 02 May 2021
Both of the petitioners shall submit single petition under section 10 of Indian Divorce Act,1869 through their counsel.
What is your locus standi ?
Guest (Querist) 02 May 2021
I humbly thank you experts.....I am a legal practitioner and with all your help I hope I can do the best. I referred Indian Divorce Act, Special Marriage Act as well Christian Marriage Act, But I wanted the support of a good expert, and finally I got it.
T. Kalaiselvan, Advocate (Expert) 02 May 2021
Section 10A introduced by the 2001 Amendment now allows all marriages whether solemnized before or after such amendment to be dissolved by mutual consent provided that the parties to such marriage have been living apart for at least 2 years.
Section 10A in THE DIVORCE ACT, 1869
16 [ 10A Dissolution of marriage by mutual consent. —
(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement* of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the meantime, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree.]
Guest (Querist) 02 May 2021
Respected Sir T.Kalaiselvan thank you so much for your information sharing.... plz let me know whether any affidavits along with the Divorce Petition under section 10 a of Indian Divorce act, should be submitted ?
Plz let me know what r the other enclosers , affidavits should be submitted
T. Kalaiselvan, Advocate (Expert) 03 May 2021
The normal affidavits along with the divorce petition which re to be filed in a divorce case has to be filed besides the marriage certificate, proof of identity and residence of both the parties to the case and joint photograph.
You can engage the services of an advocate who will guide you properly on all such matters including filing the case and getting your case disposed as per the procedures

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