Divorce when christian marriage is not r - what is procedure

Hello,

As per me, mutual consent divorce is not possible in your case. You may contact the local advocate he may find out some solution.

Originally posted by : MrDinoMorea
	For a Christian marriage in Karnataka that has lasted only 4 months and is not yet registered, what is the procedure of both husband and wife want a mutual divorce? How different is it if the marriage was registered?

What is your concern/ locus standi to the facts posted, if it is not an examination hall question paper ?

Marriage as per individual customs is marriage whether it is registered or not and whether it lasted a month or two laid down procedure as per Acts must be followed.  Contact local advocate for mutual consent terms after settling about such expenses if any incurred on both sides.

Originally posted by : Dr J C Vashista
	Originally posted by : MrDinoMorea For a Christian marriage in Karnataka that has lasted only 4 months and is not yet registered, what is the procedure of both husband and wife want a mutual divorce? How different is it if the marriage was registered? What is your concern/ locus standi to the facts posted, if it is not an examination hall question paper ?

Thank you for the reply Sir, but sorry your words are not clear. I don't understand "Locus standi" or "question paper" in this context. This is a genuine doubt and not an exam hall question paper. Can you please rephrase your question ? 

In this context, provisions of Section 10 A of the Divorce Act apply:

"10A . Dissolution of marriage by mutual consent. —(1) Subject to the provisions of this Act and the rules made thereunder, a petition for dissolution of marriage may be presented to the District Court by both the parties to a marriage together, whether such marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 2001 (51 of 2001), on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved. (2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the parties in the mean time, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree declaring the marriage to be dissolved with effect from the date of decree."

The Supreme Court as well the High Courts have observed that the period of separation of two years needs to reduced to one year in conformity with the provisions in the laws applicable to those belonging to other religions.