Procedure to get divorce in christian marriage

915 votes

Dear Client, I think you have to file divorce under special marriage Act, but as per your query The Indian Divorce Act deals with divorce among Christians. The reasons are almost similar to the ones under the Hindu Marriage Act. Roman Catholics do not come under the purview of any divorce proceedings since the Roman Catholic Church has not recognize divorce. The Divorce Act also does not contain any provision for divorce by mutual consent.Maintenance: During the period when the divorce case is in the court, the husband has to give one fifth of his salary for the maintenance of his wife. Later, maintenance can be given either yearly or once for all as total settlement.Custody: Custody of the child is decided by the court after going into the details of each individual case. The Indian Divorce Act, 1869, is an attempt to amend the law relating to the divorce of Christians and to confer jurisdiction on certain Courts in matrimonial matters. Section 7 of the Act specifically provides for the application of the principles and rules on which the Court for Divorce and Matrimonial Causes in England acts and gives relief. The relief granted under Indian Divorce Act, 1869… o Dissolution of marriage o Nullity of marriage o Judicial separation o Protection orders o Restitution of conjugal rights. The Courts also have powers to: o Order adulterer to pay damages and costs o Order alimony, pendante-lite (pending decision of the Court) or permanent o Order settlement of property o Make order as to custody of children in a suit or separation Though Section 22 of the Act bars ‘divorce mensa et toro’ (a decree that can be obtained without the presence of the other party, an exparte decree), it provides for obtaining a decree for judicial separation on grounds of o adultery o cruelty o desertion, without reasonable excuse for two years or more. Once the separation is awarded, from the date of the sentence, the separated wife would be deemed spinster, with respect to property, which she may acquire or which may devolve on her. This status would apply for the purposes of contract, wrongs and injuries and suing and being sued in civil proceedings.

Advocate J.C. Kaushal LawRato

604 votes

under what religion girl married her and then will be able to provide the solution regarding that and only then be able to help you and guide you properly rest she will get ghe divorce easily not a issue

Advocate Jagdeep Pal Singh Randhawa LawRato

778 votes

yoy file divorce under sec 13 hma.because your religion has been changed reason is boy is hindu. you have not mentioned about whethr yoy performed your marriage in church orin temple or by way of lavan fere.so pl clear this issue also

Advocate Deepak Sabharwal LawRato