Marriage is a social institution of the society. Every person has a right to live according to their choice. When a dispute is arising between the couples and they are unable to live together any more in marriage it is better to get separate.
Even our constitution talks about that every individual has a right to live with personal liberty. The couples get to agree to separate then mutual divorce is the best option than contested divorce. The divorce process is provided in their law. The Christian divorce governed in Divorce Act, of 1869.
Need A Legal Advice
The internet is not a lawyer and neither are you. Talk to a real lawyer about your legal issue
The Divorce Act 1869
The Christian divorce was govern under the Divorce Act 1869. The section 10 provides various grounds of the divorce of Christian. But the grounds of divorce are challenge on the ground of right to equality under Article 14 of the constitution. Repeatedly the grounds are challenge so there was a need to amend the provision of section 10 of this Act. The Divorce (Amendment) Act, 2001 changed and altered the provision of section 10. This amendment adds a new clause section 10 A under section 10.
What Is Mutual Divorce?
The mutual divorce means when the spouse wants to end their marriage without any dispute and agree on the same terms and conditions. The mutual divorce is less expensive or time-consuming. Generally, if couples agree to end the marriage they adopt mutual divorce.
What Is Mutual Divorce In Christian?
In Christianity, mutual divorce means a formal dissolution of marriage that is agreed by both spouses who consent to a peaceful end of marriage. Mutual divorce emphasizes mutual decision-making, in contrast to disputed divorce.
Grounds Of Divorce In Christian
The section 10 of the Divorce Act, of 1869 provide the following grounds for divorce in Christian:
- Adultery is the ground for mutual divorce in Christian.
- If one of the parties converts into the other religion without the consent of the other spouse.
- If the party suffers from mental illness or unsoundness.
- If the party deserted for at least 2 years.
- The cruelty is also the ground for mutual divorce in Christian.
- If the petition has a fear of injury and harm from the respondent and feel that they can’t live together anymore.
- When the court filled the decree of restitution of conjugal rights and has failed to comply in 2 years or upwards.
- If spouse has not heard alive from 7 years or more
What Is The Process For Mutual Divorce In Christian?
The process for Mutual divorce in Christian is governed through Divorce Act, 1869.
- Contact an expert lawyer: First consult the lawyer and understand the procedure of mutual divorce.
- Joint petition: File the joint petition by the couples for mutual divorce in the court of law.
- First motion raises: The court provides the cooling period in which the court provides the minimum 6 months of cooling period it is also called first motion. The first motion period provides for reconsideration of the decision.
- Second motion raises: After the first motion, the couples must present for the second motion.
- Verification of the petition: After the second motion the court has verified all the relevant documents and marriage.
- Obtain the decree of divorce: The court satisfies that the couples if they get separated live the life in a better way and are convinced that divorce is best for the couple.
Landmark Cases of Mutual divorce in Christian
Suresh Kumar Vs. Suman Kumar Air 2010
In this case the Christian couples want to mutually divorce after several years of marriage. The court said that if couples want to separate mutually then make an agreement regarding maintenance and child custody.
Hema Vs. Rajesh Air 2017
In this case, the court said that mutual divorce has been granted if they amicably resolve regarding distribution of assets and maintenance.
Conclusion
The Christian got divorce under the Divorce Act, 1869. The divorce is the last resort for those couples who do not want to live together anymore. The mutual divorce is the best way to end the relationship if both parties want to separate. The couples contact the lawyer to get the divorce in a smooth way. The mutual divorce takes less time and financial loss.
One can talk to a lawyer from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.
Talk to a Lawyer