what is the procedure of mutual divorce in christian law

344 votes

The procedure for obtaining a mutual divorce under Christian law is governed by the Indian Divorce Act, 1869. The Act applies to Christians of all denominations in India. Here is a general outline of the procedure for obtaining a mutual divorce in Christian marriage:

1. Consult an Advocate: It is advisable to consult a lawyer who specializes in family law and has expertise in Christian divorce proceedings. They will guide you through the process and ensure that all legal requirements are fulfilled.

2. Filing the Petition: Both spouses need to jointly file a petition for divorce before the relevant district court. The petition should state the grounds for divorce, which can include mutual consent as per Section 10A of the Indian Divorce Act.

3. Mandatory Separation Period: The law requires the couple to have been separated for at least two years before filing for mutual divorce. During this period, they should have lived separately and not cohabitated as husband and wife.

4. Appearance in Court: Both spouses are required to appear before the court for counseling and to establish their mutual consent for divorce. The court may adjourn the case for reconciliation or direct the couple to undergo mediation, if necessary.

5. Cooling-off Period: After the first motion for divorce is filed, the court imposes a cooling-off period of six months. This period is provided to allow the couple to reconsider their decision and explore the possibility of reconciliation.

6. Second Motion: After the cooling-off period, if the spouses still wish to proceed with the divorce, they need to file the second motion. Both parties must appear before the court again and reaffirm their consent for divorce.

7. Decree of Divorce: If the court is satisfied with the mutual consent and is convinced that the divorce is in the best interest of both parties, it may grant a decree of divorce. The decree officially dissolves the marriage.

LawRato LawRato

664 votes

Section 10 A of the Indian Divorce Act provides for dissolution of marriage on mutual consents which is applicable to Christians as well, For which both of you shall have to file a case for mutual divorce before the Court of Learned District Judge concerned and you shall have the subsequent date for final hearing after six months thereafter. On that final date both of you shall have to file your affidavit in chief (which is basically the reiteration of the plaint himself), and you shall have to confirm your stand for want of dissolution of marriage on dock and then you get the decree for dissolution of marriage. Before that you convince your wife to to arrange for withdrawal of the case under Section 498A IPC. All the best. Regards

Advocate Ujjal Kumar Ray LawRato

739 votes

You can file for mutual dissolution of marriage (under the Indian Divorce Act, 1869),
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 but supreme court has directed for one year in one of the case.
In the mutual divorce petition your wife has to mention that both of you have come to a compromised and desires of withdrawing the 498A case. Ur wife has to file written application to withdraw the 498A.

Advocate Anamika Pandey LawRato

156 votes

The Divorce Act of 1869 allows a person who professes Christian faith to get a divorce. The Act is applicable when one party to the marriage is Christian. A decree can be passed by the Family Court in accordance with the Act.

Advocate Chikirsha Mohanty LawRato