Number of years of separation needed in christian divorce

712 votes

Hello,

It is 2 years of separation needed for a christian couple to seek mutual consent divorce and completion of 2 years since the solemnization of the marriage to file for contested divorce. Feel free to contact me if you need any further clarification.

Advocate B. Srikiran LawRato

980 votes

Hi
The period of separation for christian's continue to be 2 years as of date.
Though it is 1 year for other religion and that kerala government has modified its family act as 1 year as period of separation for christians, other states and central government are yet to amend the law.
Hence it is 2 years as of date.

Advocate Rajagopalan LawRato

943 votes

Yes, It is 2 years as of now.. If couple needs divorce mutually. Christians file 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 a judicial separation of two years.
However, the provision for divorce by mutual consent in other statutes such as Section 28 of The Special Marriage Act, 1954, Section 13-B of The Hindu Marriage Act, 1955, and Section 32 B of The Parsi Marriage and Divorce Act, 1936, prescribe the statutory period of separation as one year. There was Supreme court directives to Central Government to look after this matter. Not found any progress in this regard as per my knowledge.

Advocate Sanjeevi Krishna Rao LawRato

702 votes

Dear Client, Allow Christians to divorce after 1-year separation: Supreme Court. It is the order of the Supreme Court decision. So one year separation is required for getting divorce for Christians according their law.

Advocate Sistla Rama Krishna LawRato