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stanley   12 January 2015

Process for christian divorce in bangalore

I got married a few months back. Both of us are christians.But from the time of marriage we have not had s*x as she is not willing.  She is not interested in having physical relations and want to adopt kids. We have fought a lot over this and decided to seperate. What is the process for getting a divorce in Bangalore?



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 9 Replies

Adv k . mahesh (advocate)     12 January 2015

Under Section 10 (vii)  can be a ground for divorce under Indian Christian Act. The legal provision states, if wilfully refused to consummate the marriage and the marriage has not therefore been consummated.

stanley   12 January 2015

Hi Ramesh,

Thanks. I was going through the forum and I came across that section.
From what I read in this forum, according to  section 10 of the principal Act(act 4 of 1869) , I can divorce on the grounds of

vii) has wilfully refused to consummate the marriage and the marriage has not therefore been consummated;



I also read that once I file a petition, then after 6 months I can get a divorce.

Is my understanding right or What is process  and how long should I wait to get divorce? Can I marry again only after I get divorce decree?

Adv k . mahesh (advocate)     12 January 2015

yes you can marry once you get divorce is granted and appeal period is over 

and cannot say how much time it will take to get divorce under this provision in your place

stanley   12 January 2015

Ok, as you are saying that it is not possible to determine the time period for divorce under this section, then what is the fastest way out?

Adv k . mahesh (advocate)     12 January 2015

if both parties agree for divorce also the due process will run in the court so under this section you and your wife if apply and no one contest it then it may take as you said and best option also for you discuss with your wife and apply for this 

Adv k . mahesh (advocate)     12 January 2015

 

before that first consult a local lawyer at your place and discuss with him who helps to file the divorce petition for both of you 

stanley   12 January 2015

Is this different from annullment. I read that anullment is as though marriage never took place. Can I annull this marriage on the same grounds?

stanley   12 January 2015

I got this reference on anuulment on wilful refusal here...

 

https://www.lawyersclubindia.com/forum/Claiming-annulmen-of-marriage-on-ground-of-no-physical-intim-92838.asp#.VLOr_nvdV4o

 

Is this the better option?

Advocate.S.A.Siddiq (Advocate)     12 January 2015

Better to maintain her. Almighty grace upon u

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