Divorce
Querist :
Anonymous
(Querist) 15 December 2011
This query is : Resolved
Can someone help me,how can a christian woman get divorce,if marriage is not consumated after 2 years.Never had any sexual relationship.stayed with the husband for one year now staying seperately ,not earning,please advise which law and section will be applicable
Raj Kumar Makkad
(Expert) 15 December 2011
In India under the Christian Marriage Act of 1872, only five reasons are accepted as grounds for divorce.
These include:
1. Adultery
The Christian law initially did not grant a divorce to a woman solely on the grounds of adultery. She had to seek divorce on other valid grounds such as cruelty. However, a Bombay High Court case some years ago recognised adultery as sufficient grounds for dissolution of a Christian marriage.
2. Cruelty
Cruelty refers to both physical and mental abuse and neglect. And as with adultery, earlier it required Christian women to prove both adultery and cruelty to seek divorce. However, today cruelty has is considered a valid reason in itself.
3. Desertion
There are three aspects to desertion. Disrupting co-habitation, absence of just and reasonable reason for doing so, and a combination of the first two reasons. It is also applicable in cases where the spouse has not been heard about for a period of seven years or more.
4. Impotency
This refers to the physical inability of the couple to consummate the marriage or the refusal of one spouse to do so. Sterility of a partner and no knowledge of that prior to marriage can be considered as a ground for divorce.
5. Chronic disease
Both mental and physical illnesses are included in this category, including sexually transmitted diseases. However, the Act does not allow divorce on grounds of leprosy, which is considered in the case of the Hindu Marriage Act.
Mutual consent
A marriage can also be dissolved under the mutual consent of both parties. To get divorced by mutual consent, you need to submit proof of marriage such as the marriage certificate or the invitation card.
Under normal circumstances, it may just take six months from the date of filing the petition to get the divorce. The maximum time limit for granting a divorce by mutual consent is 18 months.
Granting of divorce
Getting a divorce under other grounds such as adultery, cruelty or desertion can take time depending upon the evidence required and the time taken to gather proof.
It can take anywhere from a year to three years or more.
Shonee Kapoor
(Expert) 15 December 2011
Why was marriage not consummated?
Impotency is one ground you could go for.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
V R SHROFF
(Expert) 16 December 2011
MCD is best option.
Impotency ground is always strongly resisted by husband and their relatives, and becomes next to impossible to prove. They Manage Medico? In future who will marry??
Time consuming, & expensive.
V R SHROFF
(Expert) 16 December 2011
MCD is best option.
u/s 10A of Indian Divorce Act 1869
u/s.28 of Special Marriage Act, 1954
kusum gupta
(Expert) 16 December 2011
you can get divorce under christian law
kusum gupta advocate
08826805283
Guest
(Expert) 16 December 2011
Agree with experts.
Raj Kumar Makkad
(Expert) 16 December 2011
Grounds have already been told keeping in view the status of parties as Christian.
Ramanathan G
(Expert) 16 December 2011
Imp for the Christian wife client of LCI, 16-12-11.
to be very careful in like this case by the female litigants and their relatives.
When we speak about Evidence, more critical is the evidence from the side of wife. It is going to be very difficult to prove impotency, even absence of sexual intercourse. Please read following example from the generation of our Grand-parents, to know what the Girl will face in the Court and Doctors.
kindly read from AIR Manual 5th Edition: page 11, para 15, about Section 12 HMA, about impotency of husband not proved, following is written: “In a case for annulment of marriage on ground of husband’s impotency, the medical evidence proved that the hymen of the wife was not intact. It was found irregularly formed suggesting that she had indulged in sexual intercourse. It was not the case of wife that she had indulged in masturbation or had sexual intercourse with anyone else. Held, that husband’s impotency was not proved. 1981 Hindu LR 103 (P & H)”. It means, the person who-ever had drafted her petition, should have written following paragraphs:- “The petitioner/ wife is a person who know how to pedal bi-cycle, since her child-hood, and used to go to shops to buy groceries, milk etc”. “The petitioner/ wife is a Sports person and she had played following sports and games during her school and college days, prior to her marriage”. “These averments are made, to protect herself from the Medical Examination, which the respondent/ husband may pray for”. To continue, if the client is willing to agree, even those vulgar averments as written in the 1981 case can be written, about masturbation and illicit intercourses. After that through List of documents, the documentary evidence to prove those allegations to be filed: that is, wife's photo of pedalling bi-cycle, School/ College Certificates about sports and games, Affidavits of School/ College class-mates or teachers, if no Certificates are available. The person who had drafted her petition very well know, what are the Applications the Husband's advocate will move. Thus, he had the duty to write all those paragraphs and produce documents. The author had given complete text of the judgement in Harvinder Kaur's case, in which at para 14 the following may be read “Such a condition of marriage in law which is no marriage in fact leads only to immorality and unhappiness”; and again at para 62 please read "Un-availability of divorce leads to immorality". Thus, in a case of Impotency, even if the petitioner will admit that he is 'immoral' for his 'welfare and happiness', no Judge will feel bad about him.
ramanathan2108@gmail.com
prabhakar singh
(Expert) 17 December 2011
AN APPRECIABLE COMMENT BY Mr. Ramanathan .
prabhakar singh
(Expert) 17 December 2011
AND WHICH SECTION OF the Christian Marriage Act of 1872 ,Mr.MAKKAD HAS REFERRED TO????.
