KJ (XXX) 18 November 2009

Christian/Indian Divorce Act

Hi,

I need some legal advice.

My husband and I have decided to go for a divorce by mutual consent.

We have been married for 1 year and 4 months and have been living seperately for the last 2 months. We do not have any issues to contest like alimony or joint assets.

According to my lawyer as well as some research online, we need to live seperately for 2 years under Christian Divorce laws (Indian Divorce Act) to file a joint petition for mutual consent divorce.. Does this mean that that I would have to wait for another 1.5 years at least to file a joint petition?

My lawyer has advised an ex parte divorce as it is the only provision available under the Christian law to get a divorce as soon as possible.

I would defintely prefer a mutual consent divorce over an ex parte one as I would like to avoid unnecessary finger pointing and allegations and he is of the same opinion as well

Please advice if there is any provision for me to file for a joint petition now or is ex parte the only option?

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6 Replies

Sanjeev Kuchhal (Publishers) 18 November 2009

The marriage was performed under which Act? Special Marriage Act or Divorce Act?

Under Divorce Act of 1869 dissolution of the marriage at the instance of the Christian husband permitted only on the solitary ground of adultery.

As per my knowledge there is no provision for Divorce by Mutual consent.

Sanjeev Kuchhal (Publishers) 18 November 2009

Just to correct my above statement. Section 10A as introduced by Act 51 of The Indian Divorce (Amendment) Act, 2001, dt. 24-09-2001, reads as under:

"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 Collected by the All India Christian Council, www.christiancouncil.in 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.".

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 19 November 2009

U both r christiran or else?

Plz also explain your location.

Regards

adv.kamal.grover@gmail.com

KJ (XXX) 19 November 2009

We are both christians and we had married in church. Right now, both of us are in Bangalore.

Daryl Andrade (Advocate ) 28 June 2011

In 2010 the Supreme Court has held that the statutory waiting period of six months after filing the case cannto be waived and the second motion has to be moved after six months. The matter is also referred to a larger bench. Is it decided. Is there an Authority of the Supreme Court ststaing that either udner Section 13 B of H.M.Act or S. 10 A of the Divorce Act the secodn motion can be mae before the waiting period of six months. Is it only the order or decree cannot be passed before sicx months or even reconcilliation and enquiry cnanot be done beofre six months