Search results
Indian Divorce Act of 1869
- When it comes to the dissolution of marriage within the Christian community in India, the governing legislation is the Indian Divorce Act of 1869. This comprehensive act sets forth the legal framework for Christian couples to obtain a divorce or annulment, detailing the specific grounds on which they can seek a termination of their marital union.
lawrato.com/indian-kanoon/divorce-law/grounds-for-dissolution-of-marriage-under-christian-law-in-india-3051Grounds for Dissolution of Marriage Under Christian Law in India
A Christian marriage, even if one of its parties is a Hindu, cannot be dissolved by a decree of divorce under Section 13 of the Hindu Marriage Act. A marriage performed under the Christian Marriage Act and validly registered under the provisions of Special Marriage Act is legal if the conditions laid down 1n that section are fulfilled.
- Introduction
- Background of The Indian Divorce Act, 1869
- Grounds For Dissolution of Marriage
- Different Ways For Obtaining Divorce
- Judicial Pronouncements
- The Indian Divorce (Amendment) Act, 2001
- Conclusion
- Frequently Asked Questions
- References
The Indian Divorce Act, 1869, also known as the Divorce Act, 1869 was introduced to govern the divorce laws for Christian couples in India. It deals with the dissolution of marriage between a man and a woman in the Christian community. It is a codified Indian personal law. It states that when either the husband or the wife files a petition for divo...
The Indian Divorce Act, 1869, amends the laws that govern the divorce of people who profess Christianity. The British had enforced this Act before independence. This Act came into effect on 1st April, 1869, and is applicable to the whole of India, though the state of Jammu and Kashmir is excluded. In India, the Hindus, Sikhs, Buddhists, and Jains a...
According to Section 10of the Indian Divorce Act, 1869, it encompasses various grounds for dissolution of marriage. The wife or husband has to present a petition to the district court for a divorce. It is also necessary to file that petition in the court under whose jurisdiction they have formalised their marriage or in which they reside or have la...
Divorce by mutual consent of the parties
When the parties mutually agree to present a petition for divorce under Section 10Aof the Indian Divorce Act, 1869, the court will regard it as a divorce by mutual consent. To get divorced under this heading, the parties filing the petition must have lived separately for at least two years. Otherwise, the court will not accept the petition. The couple has to prove the following factors, which are as follows- 1. They have been living separately, i.e., not as husband and wife, for a minimum of...
Divorce that is not by mutual consent
Either of the parties can present a petition for divorce under this Act. The various circumstances for which they can file for dissolution of marriage are as follows-
Decree of nullity of marriage
A marriage may be declared null and void under Section 19of the Indian Divorce Act, 1869. Other than dissolution of marriage, this Act also has provisions regarding nullity of marriage. Either of the spouses can file a petition with the District Court or High Court, pleading that the court declare his or her marriage null and void. A marriage may be declared null and void on any of the following grounds- 1. The respondent was impotent at the time of solemnization of marriage and at the time o...
In the case of Major Frank Ralston Samuel Raj v. Kezia Padmini Swarna Pandian (2016), the husband presented an appeal against the petitioner, his wife, who had filed for restitution of conjugal rig...In the case of Tomy Joseph v. Smitha Tomy (2018), the couple, by their mutual consent, filed a divorce petition in the family court. The court dismissed the petition on the ground that there is no...The Indian Divorce Act, 1869, was amended, and the new Act was introduced. This Act was repealed, and the Indian Divorce (Amendment) Act, 2001, was enacted with the assent of the President on 24th September, 2001. This amended Act not only revolutionised the Christian divorce laws but also made a positive impact towards the goal of a uniform divorc...
The Indian Divorce Act, 1869, was considered outdated and harsh. So it was repealed as it discriminates on the basis of gender as well as religion. It was ultra vires to the Constitution of India, as it is against the right to equality. The Indian Divorce (Amendment) Act, 2001, was introduced to remove all this discrimination and provide a big step...
What is adultery?
Adultery is an act of indulgence in any kind of sexual relationship, which includes intercourse with any other person outside marriage. Adultery was considered a criminal offence before. But the criminality of adultery under the Indian Penal Code was struck down by the Supreme Court on 27th September, 2018. But a single act of adultery can be grounds for filing for divorce.
What is cruelty?
Cruelty includes both mental and physical injury that can cause danger to life, health, and limb. Mental cruelty is intangible in nature which is judged by looking into a number of incidents. Mental torture includes not giving food, continuously harassing for dowry, and likewise. Physical torture by the husband includes beatings, sexual abuses, etc.
What is a venereal disease?
A spouse can file for divorce if the other party is suffering from some kind of serious disease that is communicable in nature. AIDS (acquired immunodeficiency syndrome) is a sexually transmitted disease that is considered a venereal disease.
- Rachit Garg
a Marriage Registrar refuses to issue a certificate under this Chapter, either of the parties intending marriage may apply by petition to the District Court. Procedure on petition.––The District Court may examine the allegations of the petition in a summary way, and shall decide thereon. 1. Words.
- 225KB
- 67
Jun 29, 2021 · Divorce under Christian Personal Law. A person professing Christian religion can get a divorce under the Divorce Act, 1869. The act is applicable if one of the parties to the marriage is a Christian and the marriage can be dissolved by bypassing a decree by the court under the Act.
- Rachit Garg
Christian marriage in India can be dissolved under the Indian Divorce Act of 1869 (under Section X) under three conditions: [5] By Section X A (as amended in 2001) both parties can file for a divorce by mutual consent.
Mar 7, 2024 · The Indian Divorce Act governs divorce among the Christian couples in India. Divorce is the legal dissolution of the marital union between a man and a woman. According to this act, the separation is granted by the court of law after receiving a petition from either wife or husband.
