Indian Christian Divorce Act
If you and your partner are Christian then your divorce shall fall under the provisions of Christian personal law. The reasons on which you can file a divorce are same as the ones given under the Hindu Marriage Act.
- Adultery – If your spouse is involved in any kind of sexual relationship outside your marriage. It is a criminal offence and you need to have a proof of it.
- Cruelty: If your spouse is causing you any kind of mental or physical injury that can be in the form of
- Torture
- Danger to life or health
- Not providing you with food or other basic facilities
- Desertion: If your spouse has left you and has not returned within 2 years.
- Renunciation – If your spouse has given up all worldly affairs by adopting a particular religious order.
- Not Heard Alive – If you or your family members have not heard from your spouse or your spouse has been missing for a period of 7 years, he/she shall be presumed to be dead.
- Conversion: If your spouse converts or adopts a different religion.
- Disease: You can file a divorce, if your spouse is suffering from any of the following health conditions:
- Mental Disorder: If your spouse is suffering from a mental disability that cannot be treated or cured and is unable to live as a couple.
- Leprosy: If your spouse is suffering from leprosy that is an incurable and life threatening disease.
- Venereal Disease – If your spouse is suffering from a serious disease that is easily communicable like AIDS or HIV.
The procedure for divorce is same as the Hindu Marriage Act:
Before you file for divorce:
1. You need to be sure whether your divorce is a contested divorce or a mutual one.
Mutual Divorce
You and your spouse agree on all issues, including property division, child custody, and others.
- It is a shorter and quicker procedure
- It is also cheaper than the other form of divorce
Contested Divorce
You and your spouse cannot agree on one or more issues, so the court decides for you.
- Since court proceedings are involved, it usually takes much longer.
- It is more expensive and painful
2. Consult a good divorce lawyer for preparing your divorce petition, which should include the complete facts and details based on which you want a divorce.
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3. Your divorce petition will be filed in the District family court where:
- Your marriage ceremony took place as per Hindu rituals, or
- You and your spouse lived/resided together, or
- Your spouse resides at the time of filing of the divorce, or
- Where you reside, if your spouse is living abroad or is presumed dead for a period of seven years or more.
4. The court shall then call you and your spouse to be present in court for further proceedings on whatever dates the court decides.
5. Then the court shall decide upon the issues namely child custody, division of property, maintenance etc between you and your spouse.
6. The court shall then may or may not grant you the divorce.
7. The complete divorce procedure may take 2-5 years time to finalise.
8. If you are not satisfied with the decision of the court, you can make an appeal in the High Court.
If you are a Christian wife you can file a divorce petition against your husband either in High Court or District Court on the following reasons:
- He has changed his religion and has married another woman.
- He is guilty of adultery.
- He is guilty of second marriage when his first wife is still alive and not divorced.
- He is guilty of rape, sodomy or bestiality.
- He is guilty of having a sexual relationship with another person after marriage that is called adultery.
- He is guilty of adultery and has left you without reasonable excuse for two years or more.
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