Declaration 7(1)b suit
Querist :
Anonymous
(Querist) 09 November 2011
This query is : Resolved
Please advice what is difference between Declaration suit 7(1)b for divorce and Petition u/s 10 of Divorce act 1869. I am a gujarati christian had customary divorce on stamp paper with consent now xwife not ready to co operate in the court. My petition u/s 10 of Divorce act 1869 is rejected. Will declaration suit helps me is it internationally valid ?? bcuz its prevailing in my community that many ppl go for stamp paper divorce.
Please reply..thanks
prabhakar singh
(Expert) 09 November 2011
1]YOU ARE GUJRATI CHRISTIAN OR A CHRISTIAN HAILING FROM GUJRAT?
2]I COULD NOT FIND 7(1)b PROVISION IN Divorce act 1869. ??YOU NEED TO QOUTE IT IN VERB ATOM WITH ACT IT BELONGS TO?
3]SECTION 10 OF DIVORCE ACT READS AS I COULD SEARCH" III.-DISSOLUTION OF MARRIAGE
10. When husband may petition for dissolution.
10.When husband may petition for dissolution.-Any husband may
present a petition to the District Court or to the High Court, praying
that his marriage may be dissolved on the ground that his wife has,
since the solemnization thereof, been guilty of adultery.
When wife may petition for dissolution.
When wife may petition for dissolution.-Any wife may present a
petition to the District Court or to the High Court, praying that her
marriage may be dissolved on the ground that, since the solemnization
thereof, her husband has exchanged his profession of Christianity for
the profession of some other religion, and gone through a form of
marriage with another woman;
or has been guilty of incestuous adultery,
or of bigamy with adultery,
or of marriage with another woman with adultery, or of rape,
sodomy or bestiality,
or of adultery coupled with such cruelty as without adultery
would have entitled her to a divorce a mensa et toro, Collected by the All India Christian Council, www.christiancouncil.in Page 6 of 36
or of adultery coupled with desertion, without reasonable excuse,
for two years or upwards.
Contents of petition.
Contents of petition.--Every such petition shall state, as
distinctly as the nature of the case permits, the facts on which the
claim to have such marriage dissolved is founded. "
CORRECT OR IN CORRECT CONFIRM,PLEASE!
ONLY THEN I WOULD BE CAPABLE TO HELP YOU.
Raj Kumar Makkad
(Expert) 09 November 2011
As your earlier petition seeking divorce may on the basis of some other law, has already been dismissed so there is no question of filing fresh petition on the bases of other law. It is better for you to either file appeal against earlier decree or make fresh grounds for divorce.
Shonee Kapoor
(Expert) 11 November 2011
This query is doing rounds for quite some time.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
