what is the procedure of mutual divorce in christian law


In 498a chargesheet is pending I have filed RCR which stands at ex party We want mutual divorce We are christians, what is the procedure of divorce as per christian law

Answers (2)


179 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.


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329 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

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