How to file for divorce and maintenance under Christian Marriage?

833 votes

The maintenance and divorce case can be filed before family Court here. A Hindu lady married to a Christian male should have been according to the special marriage act & not according to Cochin Christian marriage act. So the marriage is to be declared as void. The matter is to be moved before the family Court of concerned jurisdiction.

Advocate R. Madhuraj LawRato

966 votes

Hai.
i will make it sikple for u. If wife just needs a divorce she can file it where they cohabited together last as husband and wife or place of marriage. The fact that he is a uk citizen now doesnt do any edect. N for maintainance and alimony, his asset can be set attached or create a charge over it. Else there are instances where embassy forced the person to come into action for a redressal.
file it with the above factors...

Advocate Manoj George LawRato

641 votes

wife is a Hindu Husband is Christian Married under Cochin Christian Marriage Act.


A marriage in India is required to be registered under Indian marriage law.The marriage done between two different religion then the marriage has to be solemnize under the Special Marriage Act of 1954.

Divorce allows a person to break free from an onerous marital relationship. But since marriage is not merely a contract but a very important societal institution. The law has an interest in protecting marriage, and not allowing it to be severed only by choice and on ordinary wear and tear. Since society in countries like ours takes special interest in protecting it – In our country to get a divorce one needs to prove certain grounds for eg : cruelty/adultery/desertion etc. Known as matrimonial offences.

You can file the case against him under the head cruelty and desertion. meet a local lawyer in your locality and file the case before family court.

A husband is legally obligated to maintain his spouse. Maintenance includes provision for food, residence, clothing, education and medical attendance and treatment.The Supreme Court of India has held that no fixed formula can be laid for fixing the amount of maintenance. It has to be in the nature of things which depend on various facts and circumstances of each case. The court has to consider the status of the parties, their respective needs, the capacity of the husband to pay, having regard to reasonable expenses for his own maintenance and others whom he is obliged to maintain under the law and statute.In India, family courts can pass an interim order on maintenance to a spouse when she is separated from the other spouse with minor marital conflict, with a decree of judicial separation or if one of the spouses has applied for divorce. Interim maintenance order remains valid till the permanent maintenance order is given by the court during the divorce. So, a lawsuit for divorce or judicial separation is not mandatory to apply for monthly maintenance.

Advocate Ajay NS LawRato