Mohan Kumar 04 August 2020

clarity

Is there a rule which says Divorce can only be applied after two years of desertion of either couple in christian divorce law ? Pl explain learned men of Law.......

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In Christian divorce law, a petition for dissolution of marriage by mutual consent typically requires a two-year period of judicial separation under Section 10 A (1) of the Divorce Act. However, the government is considering removing this mandatory waiting period. This is in response to a Supreme Court petition advocating for a reduction to one year, aligning it with divorce rules for Hindu, Parsi, and Special Marriage Act couples. The discussion also touches upon whether a different rule applies in cases of contested divorce.

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Esheta Lunkad 04 August 2020

Hello Sir,

Christians filing for divorce under Section 10 A (1) of the Divorce Act, which lays down that a petition for dissolution of marriage by mutual consent can be presented before a court only after judicial separation of two years. However, the center is considering doing away with the two-year mandatory separation period for Christian couples wanting divorce by mutual consent. The, Center filed its affidavit in response to a petition in the Supreme Court that wants the separation period to be reduced to one year, like that for couples of Hindu and Parsi community and those who get married under Special Marriage Act.

Hope this answers your question.

Regards,

Esheta Lunkad