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Grounds of Christian Divorce in India | Filing Process

Online Legal India LogoBy Online Legal India Published On 09 Nov 2020 Updated On 30 Dec 2021 Category Legal

Centuries ago when Christians came to India to rule and settle in this country. As East India Company undertakes the ruling power in India and established its courts. With the establishment of the Supreme Courts, the Common Law of England was made applicable to India on many subjects who include marriage and divorce among the Christian community. Although, it was based on the principle of equity, justice and good conscience. However, in the due change of time, the divorce among Christian couples is governed under the Indian Divorce Amendment Act, 2001.

Let us further elaborate on the grounds of divorces that may lead to the dissolution of the solemnized marriage between husband and wife under the Indian Divorce Amendment Act 2001 are divided into two sections:

i. Section 10- Divorce: Where are petition can be filled by either of the two parties. The grounds to which marriage can be dissolved are mentioned as follows:

  • If the respondent has committed adultery.
  • If the respondent has ceased to be Christian by conversion to another religion.
  • If the respondent is unsound for a continuous period of not less than two years.
  • If the respondent has been suffering from a virulent and incurable disease like leprosy.
  • If the respondent has been suffering from communicable venereal disease.
  • If the respondent not been heard of as being alive for seven years or more.
  • If the respondent quite inflexibly refuses to consummate the marriage and the marriage has not therefore been consummated.
  • If the respondent has failed to comply with a decree for restitution of conjugal rights.
  • If the respondent deserted the petitioner for at least two years immediately preceding the presentation of the divorce petition.
  • If the respondent is treated with cruelty.

ii. Grounds of Christian Divorce available only to Wife

Where a wife can also present a petition for the dissolution of her marriage on the grounds:

  • solemnization of the marriage
  • been guilty of rape
  • sodomy or bestiality.

ii. Section 10A- Divorce by Mutual Consent: Where are petition can be filled by both the parties. The grounds to which marriage can be dissolved are mentioned as follows:

  • When the divorce petition is filed with the mutual consent of both parties.
  • When either of the party is subject to a condition of living separately for two years and not being able to live together.

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