I want to divorce from my husband due to seperation of living

704 votes

Usually christian marriages are held in churches without which such christian marriages cant be completed hence on the basis of church marriage document you need to divorce firstly and after 90 days of divorce decree you can remarry

Advocate Aveek Bose LawRato

988 votes

You already asserted in your writing that you were married and it was arrange marriage. For the sake of discussion, please know a Christian Marriage is performed between the parties to the marriage according to the rituals considered essential and proper as per Minister or Priest performing the marriage. The marriage rituals require the mandatory presence of two witnesses apart from the minister or the priest performing the marriage. The place where the marriage is to be performed is the Church. The Clergy of the Church, under a special issued are given flexibility in the time and place for performance of the marriage.

Prior to this, a written application or notice is made by either party to the marriage residing in the same area to the Marriage Registrar to notify the concerned authority of their intention to get married. The written application or notice is recorded in the ‘marriage notebook’ and is pasted in a clear noticeable area in the office. If a marriage has been performed without the issuance of the certificate of notice after the Pledge has been taken, then such marriage is not solemnized under the Indian Christian Marriage Act 1872.

However, as per Compulsory Registration of Marriages Act, 2005- No marriage performed to which this act applies shall be deemed to be invalid solely by reason of the fact that it was not registered under this Act.

It would be wise if you contact me for discussion before you come to any conclusion.

Advocate Robert D Rozario LawRato