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cool_rashmi_in (sw)     12 March 2010

mutual divorce under christian marriage act

I would like some information regading mutual divorce under the Christian Marriage Act.

I got married on 5th Feb 2009, but soon realized that marriage would not work.

Now we both would like to go for a divorce by mutual consent

my questions are

1. What is the procedure for divorce by mutual consent under christian marriage act?

2. how much time does it take to obtain divorce by mutual consent?

3. Any precautions or important advice about divorce by mutual consent?

waiting for your replies urgently

Thanks



Learning

 16 Replies

Rajan Salvi (Lawyer)     12 March 2010

As far as I know , as per Christian Marriage Act there is no provision for divorce by mutual consent. The grounds are stated in the Act. What God has united , let no man divide/separate.

TANMOY BHATTACHARYYA (LEGAL ADVISER)     12 March 2010

divorce is possible by mutual consent even if u married under Christian marriage act.  u file a petition to the local family Court. u will face no problem. take help of a local lawyer. I am here online for u.

cool_rashmi_in (sw)     12 March 2010

thanks for the replies

wht i want to know is how much time it takes to get divorced after filing the petition,

ppl are telling me tht it will take 6 months to 1 year, is this true?

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     14 March 2010

the christian marriage act for marriage only , not for divorce. for indian christians - the indian divorce act applicable. go through it.

shiv shiv shiv (unemployed)     15 March 2010

yes , its possible thru mutual consent, after filinfthe petition there is  a "coolong " period of 6 mths, the final decree is passed after this cooling period provided both the partners agree for the divorce, also check with the marriage tribunal as getting clearance from the tribunal will enable you to remarry in the church as per the christian tradition

cool_rashmi_in (sw)     16 March 2010

thank you very much everybody for replying

valentine (Advocate)     17 March 2010

Dear

 

In Christian marriage there is no provision for divorce, that's right. But when the marriage is  a burden for both the spouses, they can approach the Hon. court for dissolution of marriage on mutual consent. In Christian marriage the only ground for divorce is adultery with cruelty. However, mutual consent is altogether a different  concept. By the way, divorces in Christian Marriages iare on the rise nowadays.

 

Valentine S. Thakkar

Advocate,Baroda.

1 Like

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     20 March 2010

I do agree with Valentine.

stanley (Freedom)     23 March 2012

 

What Mr Rajan Salvi has mentioned is correct "The bible says What God has united , let no man divide/separate."


 

 

 

But as per the Christian Marriage Act 

In most western nations divorce is granted to a Christian couple under approximately 16 reasons. Whereas in India under the Christian Marriage Act of 1872, only five reasons are accepted as grounds for divorce.

These include:

1. Adultery

The Christian law initially did not grant a divorce to a woman solely on the grounds of adultery. She had to seek divorce on other valid grounds such as cruelty. However, a Bombay High Court case some years ago recognised adultery as sufficient grounds for dissolution of a Christian marriage.

2. Cruelty

Cruelty refers to both physical and mental abuse and neglect. And as with adultery, earlier it required Christian women to prove both adultery and cruelty to seek divorce. However, today cruelty has is considered a valid reason in itself.

3. Desertion

There are three aspects to desertion. Disrupting co-habitation, absence of just and reasonable reason for doing so, and a combination of the first two reasons. It is also applicable in cases where the spouse has not been heard about for a period of seven years or more.

4. Impotency

This refers to the physical inability of the couple to consummate themarriage or the refusal of one spouse to do so. Sterility of a partner and no knowledge of that prior to marriage can be considered as a ground for divorce.

5. Chronic disease

Both mental and physical illnesses are included in this category, including s*xually transmitted diseases. However, the Act does not allow divorce on grounds of leprosy, which is considered in the case of the Hindu Marriage Act.

Mutual consent

A marriage can also be dissolved under the mutual consent of both parties. To get divorced by mutual consent, you need to submit proof of marriage such as the marriage certificate or the invitation card.

 

Under normal circumstances, it may just take six months from the date of filing the petition to get the divorce. The maximum time limit for granting a divorce by mutual consent is 18 months.

Sam (Consulant)     16 May 2012

Hi,

I am a christian was married to a girl of same religion and caste 10 months before. Terms weren't good between us and got separated within two months of marriage. We had been together only for two months and our marriage has not been Consummate. 

Neither me nor she are not capable to doing but not interested and we agreed for mutual divorce.

She has booked a divorce case at chennai under the cruelty ground for asking dowry which we have not demanded or asked.

Both of our lawyers tell us that mutual divorce in christian divorce act can be applied only after 2yrs/ can receive only after 2years.

My Questions are,

1. Is it true that 2years have to be completed to get divorced by mutual consent in Christian Law of India

2. Else how long would take to get a divorce for Christians.

3. She is not in India. After applying the divorce in People Court she has gone abroad and informed that her dad would represent her in her absence which was mentioned in the divorce notice sent to us.

Can it be done like this? Both the parties need not be present in the court for getting divorce or are they play any games with me?

4. Can me or she go for another marriage without divorce.

5. Please i want to get divorced soon..any ideas..

Your help or suggestions are highly anticipated..please

rajendran (quality inspector)     16 December 2012

Hi,

I am a christian was married to a girl of same religion and caste 03 months before. Terms weren't good between us and got separated within 15days of marriage. We had been together only for 10 days and our marriage has not been Consummate.

She has lodged a complaint to the women police station on me & my family under the cruelty ground for asking dowry which we have not demanded or asked. and also are making allegations that i am into a relationship with my colleague.

now i have decided to divorce her..kindly help in the procedure to file a divorce and save my parents from the humilation of being draged to the station..

valentine thakkar (advocate)     16 December 2012

1. In a Christian Marriage, there is no provision for divorce. However, any christian spouse desiring divorce can file a case under the Indian Marriage Act. The grounds are adultery, cruelty, desertion and in special cases may be some incurable diseases like impotency.

2. Non-consummation of marriage may be a god ground, but I doubt if it is allowed under the Chrisatian Marriage Act.

3. Divorce by mutual consent is possible and can be granted within a short period. Cooling off period ranges from 6 to 12 months.

4. Any spouse living abroad can send Notarised Power of Atterney from the residing country and divorce can take place in his/her absence.

5. Second marriage in existenece of the first one is illegal and punishable.

For example, I have been fighting a divorce case since 6 years. The husband has filed Restitution of Conjugal Rights case and the wife the Divorce case. I am on wife's side. The temporary custody is decided, no maintenance asked. Just divorce, still it is taking so long in the Family Court.

BAJRANG BALI UPADHYAY (ADVOCATE)     28 October 2013

Divorce is not an easy task among Christians. The Indian Divorce Act. 1869, is one of the oldest laws passed in India which governed the divorce in the Christian community.Divorce By Mutual Consent Now Possible.The requirement that women must prove cruelty or desertion on part of their spouse in addition to his adultery in order to obtain divorce has been removed. Now, divorce is available to women on single ground of adultery, cruelty or desertion. This change alone, however, could not have solved the problem of the couples who wished to take divorce by mutual consent. The present Act, allows divorce by mutual consent to Christian couples who felt that their marriage had failed due to incompatibility and could not be revived. This was the most important and welcome change as far as the Christian community is concerned. ADVOCATE BAJRANG BALI UPADHYAY, CIVIL COURT, GORAKHPUR.Mobile:+919792250013,+91-9839016554.Web:- www.bbupadhyay.wix.com/advocate

fayyazz (officer)     29 January 2017

Yes, it is very much possible for an Indian Christian couple to file a petiton to the District Court in Indian for dissolution of marriage with mutual consent under section 10 (A) (1) of Indian Divorce (Amendment) Act, 2001, subject to reules and regulations of the Act.

Ibrahim Deshmukh
Legal Consultant
Email: ibdesh@Gmail.com
www.law-india.com
 

 

 


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