Mutual divorce christian couple

Ains - (Querist) 09 April 2012 This query is : Resolved
what are the provisions for a mutual divorse of a christian couple

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V R SHROFF (Expert) 09 April 2012
Same. Apply under sec 10A of Indian Divorce Act

Adv.R.P.Chugh (Expert) 09 April 2012
Dear Querist,

"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 s ch marriage was solemnized before or after the commencement of the Indian Divorce (Amendment) Act, 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petition referred to in sub-section (1) and not later than eighteen months after the said date, if the petition is not withdrawn by both the part es in the meantime, the Court shall, on being satisfied, after hearing the parties and making such inquiry, as it thinks fit, that a marriage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 issolved with effect from the date of decree.".

Living Seperately for two years does not mean actual physical seperation - even if you are living in the same house but not husband and wife - and not carrying on marital obligations - that period will be counted.

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