Divorce of a Roman Catholic marriage in India
vincent gomez
(Querist) 22 January 2010
This query is : Resolved
A a Roman Catholic by birth married B a Roman Catholic by birth, married in New Delhi in the year 1986 on December 06 in accordance with Roman Catholic rules in a Roman Catholic Church. On 18.12.1986 B went to B's maternal house and stayed there till 07.01.1987. Again B went to B's maternal house on 11.1.1987 and stayed there till 15.2.1987. Again B went to B's maternal house on 22.2.1987 till 3.3.1987. Again B went to B's maternal house on 13.3.1987 In the meanwhile A was under Asthmatic attack as he was chronic asthmatic patient and was hospitalised in New Delhi around 23.3.1987 and ispite of several phone calls by A's widow aged heartpatient mother and other relatives and doctors of the hospital to B to come back and stay with B's hospitalised husband, B with B's elder sister and younger brother came to visit A in the hospital on 16.4.1987 as a visitor only and left the hospital and A within twenty minutes. B behaved like an outside visitor only. However on 29.4.1987 A was discharged from the Hospital without any relief and was advised to get admitted in AIMS after a day or two. On 30.4.1987 a Sub Inspector from Women Cell and Police Station came to A's house on criminal case filed by B that A had beaten her badly. The SI went to the hospital and got the hospital that morning and recorded the first hand report, thus claiming B's complain as non maintainable. However, at the Women Cell at New Delhi B gave a written undertaking that B does not want to live with A and has no dealing with A, hence B is taking all her belongings back with B in the presence of two policemen. After that A never saw B though A and B both lives in New Delhi. The Church many time tried to make B understand to come back to B's matrimonial house but B always refused. After a period of seven year A file with the Church Tribunal for A and B's marriage as null and void under the Church rules. Many time the Priest said that B is coming on so and so day and A was always present on that day but B never turned up. B kept on avoiding A and till date B keeps on avoiding and refusing to come back to A. Hence A is fed up with Roman Catholic religion and want to leave it and file a divorce under the law of the Country in the Court of Law in New Delhi. Now can any of my learnt friends tell me the procedure as to how to and where to file a divorce case with the Court of Law in New Delhi. In the meanwhile Roman Catholic will surely put its dirty foot in the way of this divorce case, as Roman Catholic Church is against a Divorce. But A wants a divorce and settle in life once again independently without any Roman Catholic Church touch. Please help this case and oblige as A is poor and alone as A has lost his mother and job as well, so a sure and safe way is expected who will fight for justice as in this case.
vincent gomez
(Querist) 22 January 2010
please reply as soon as possible.
R.R. KRISHNAA
(Expert) 22 January 2010
Though very delayed, A can file the case of divorce before the family court in new delhi.
Devajyoti Barman
(Expert) 22 January 2010
Marital dispute has got continuing cause of action and hence divorce suit can be filed at any point of time. Get in touch with a local lawyer who will guide to file a suit for divorce. In Indian legal system the Catholic Church does not have any say if the matter is dragged to Court of law.
Sachin Bhatia
(Expert) 22 January 2010
Contact a local Lawyer who will help you in filing a divorce case.
Adv ramesh chheda
(Expert) 22 January 2010
apply for divorce under special marriage act
vincent gomez
(Querist) 27 January 2010
Can I have the name and address of any honest, good and experienced local lawyer who can take up this case, as in this case A is financially and bodily is weak hence we have to proceed carefully and honestly. So please advise any good and honest local lawyer by return email and oblige.
