Christian marriage: filling divorce after 10 years -need expert advice

You are eligible to maintenance u /s125 CRPC.engage advocate he will guide you properly.

Hello,

You can file divorce on the ground of desertion. Further if you are not having any income source or he is not providing necessities of life in that case you can claim maintenance for you. Children can claim maintenance. 

What are the facts that has led to the seperation? Legal grounds arise from such facts, else they would be vacuuous.

Your entitlement for maintainence depends upon your financial status as well as the reasons for seperation, which you have not chosen to disclose.

Dear Querist,

Yes, one can get divorce after living 10 years separately.  Section 10A of the Indian Divorce Act 1869, provides for 2 ways in which a Christian can obtain a decree for divorce:

Mutual Divorce: When both the husband and wife agree for a divorce and decide that they have not been able to live together for 2 years or more they can proceed to the court for get the marriage dissolved.

Contested Divorce: Either the husband or wife can approach the court for getting a Decree of Divorce. On the ground of Adultery, Desertion without reasonable cause, one spouse not heard for 7 years or more/ presumption of death, renounced the world, ceased to be a Christian, wilfully denies consummation of the marriage, Unsound mind, suffering from the incurable disease for more than 2 years, cruelty or when the husband is guilty of sodomy, cruelty or bestiality.

The Indian Divorce Act governs the law relating to maintenance in Christians. It says that a woman can be allowed maintenance but it should not be more than one-fifth of the husband’s income. Also there is a precondition that says the wife should remain unmarried and chaste. The amount depends on the wife’s income, husband’s property and his income and various other factors.

Regards,

Palak

Besides the ground of desertion do you have any other ground for divorce under section 10(1) of the Indian Divorce Act, 1869 which reads as:

10. Grounds for dissolution of marriage.- (1) Any marriage solemnized, whether before or after the commencement of the Indian Divorce (Amendment) Act, 2001 , may, on a petition presented to the District Court either by the husband or the wife, be dissolve on the ground that since the solemnization of the marriage, the respondent-

(i) has committed adultery; or

(ii) has ceased to be Christian by conversion to another religion; or

(iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or

(iv) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or

(v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or

(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or

(vii) has wilfully refused to consummate the marriage and the marriage has not therefore been consummated; or

(viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or

(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or

(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.

Sir he stayed with another women house i come to know he has an affair without marriage and living with a window but am unable to find any proof for they are married, I filed a complaint that he is married with police but no use. Also he goes to other religion places, i have photo from Face book  will that help?

Live in relationship and Face book photo will not help to prove change of religion and adultary

Your knowledge itself as well as that he has deserted you could constitute the proof. apolice has nothing do with marital discord. You may contact an advocate who would be able to provide you professional assistance in proceeding further.