What Is The Legal Procedure For Christian Divorce?

The Indian Divorce Act of 1869 governs the law of divorce for Christians as well as other marriage issues. If one of the parties to the proceedings is a Christian, this Act applies. The Act is based on English divorce legislation (Section 7). The reasons on which a husband or wife may petition for dissolution of marriage are set forth in Part III, Section 10 of the Act.

As certain provisions of the Act were repeatedly being challenged the Indian Divorce (Amendment) Act, 2001 was approved, which made a number of changes to the law. A new clause was added to replace Section 10 of the Act, and a new Section 10-A was added. This Amendment Act of 2001 made changes to Part III of the Act, which deals with dissolution of marriage, and Part IV, which deals with nullity of marriage.

Marriages solemnised, regardless of whether before or after the initiation of the Indian Divorce (Amendment) Act, 2001, can be terminated by filing a petition in district court by one of the spouses on the grounds that the spouse has:

1. Has cheated on other spouse
2. By converting to another religion, he or she has lost his or her Christian faith.
3. Has been incurably insane for a period of not less than two years prior to the filing of the petition.
4. Has been suffering from a virulent and incurable form of leprosy for at least two years immediately before the filing of the petition.
5. Has been suffering from a contagious form of venereal disease for a period of not less than two years prior to the filing of the petition. 
6. For a period of seven years or more, those who would normally have heard of the spouse if he or she were alive have not heard of the spouse. 
7. Has purposefully refused to consummate the marriage, resulting in the marriage not being consummated. 
8. The Court shall satisfy itself, as far as it reasonably can, not only as to the fact that the spouse 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 spouse or dissolution of a marriage, but also as to the fact that the spouse 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 spouse.

According to Section l4 of the Indian Divorce Act, 1869, if the Court is satisfied on the evidence that the case has been proven and does not find that the case has been in any way accessory to or connived at the going through of the said form of marriage or the adultery of the other party to the marriage, or has condoned the adultery, the Court shall pronounce a decree declaring such marriage to be dissolved.

However, if the Court finds that the petitioner committed adultery during the marriage, or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in filing or prosecuting that petition, or of cruelty to the other party to the marriage, or of having deserted or willfully separated himself or herself from their spouse before the petition filed for adultery complained of and without reasonable excuse, the Court shall not be bound to issue such a decree.

Adultery shall not be considered to have been condoned within the meaning of this Act unless conjugal cohabitation has been restored or continued.

A petition for dissolution of marriage may be presented to the District Court by both parties to a marriage together, whether such 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 been unable to live together, and that they have decided to dissolve their marriage.

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