Mutual divorce

Querist : Anonymous (Querist) 19 November 2009 This query is : Resolved
13 B is applicable on hindus but which law is applicable if both are christian.?
and under which section they can got divorce and what is the Time period required to file the divorce, Is it 18 months or 1 one year and under which law?

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Devajyoti Barman (Expert) 20 November 2009
If either or both of the parties are Christian by faith then they are governed by The Divorce Act 1869 as far as marriage and divorce is concerned.
As per Sec.10A of the Act. both the parties may opt for mutual divorce if both of them residing separately for two years or more from each other.

A V Vishal (Expert) 20 November 2009
Divorce by 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.

adv. rajeev ( rajoo ) (Expert) 20 November 2009
I agree with both members.

Adinath@Avinash Patil (Expert) 20 November 2009
I AGREE WITH VISHAL AND BARMAN

Raj Kumar Makkad (Expert) 20 November 2009
Mr. Barman! The time limit for separation under section 10A of Divorce Act has now been reduced to 1 year from earlier 2 year or more so in the given circumstances, if the christian husband and wife are leaving separate since 1 year or more then they can jointly move a petition before District Judge/Family Court to grant them a decree of divorce.

Devajyoti Barman (Expert) 20 November 2009
I would be thankful to Mr Makkad if he kindly inform me when the said period of 2 years has reduced to 1 year.

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