Sep 26, 2017
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Christian Divorce: Indian Divorce Amendment Act, 2001

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Christian Divorce

Christian Divorce article elaborate the grounds of divorces under the Indian Divorce Amendment Act,2001 that may lead to dissolution of the solemnized marriage between husband and wife.

Indian Divorce Amendment Act, 2001

Section 10: Grounds for Christian Divorce (Religious grounds for divorce)

  1. Any marriage solemnized, whether before or after the commencement of the Indian Divorce  Amendment Act, 2001, may, present petition.

  2. Such petition for divorce need to present before District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent—

  • Has committed adultery; or
  • Has ceased to be Christian by conversion to another religion; or
  • It has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or
  • Has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
  • If it has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or
  • Has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or
  • Has willfully refused to consummate the marriage and the marriage has not therefore been consummated; or
  • Has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or
  • Has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or
  • Has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.

         3. Grounds of Christian Divorce available only to Wife (divorce wife)

  • A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.

Section 10A :Grounds for Divorce with Mutual Consent of Marriage

  1. Petition filed with the mutual consent of both parties
  2. While subject to condition of living separately for two year and not being able to live together
  3. However Other conditions may also apply –
  • Till 6 months from date of filing the petition- court will not passed any decree
  • From 6 months to 18 months – option made available to withdraw the petition
  • After 18 months from date of filing petition- court will pass final decree at its discretion

 

 

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Article Categories:
Divorce · Family Law

Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her Bachelors in Banking & Insurance and has also completed her Masters in Business Management . She likes to participate in legal workshops and Moot Courts. Besides her interest in law, she has a keen aptitude for legal research and is good at putting her analysis into words.

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