What should I do go for divorce from my end or wait?
1 year ago
My wife abandoned me and my girl child almost 2 years back without giving any acceptable reason. Now she would neither return back or go for a mutual divorce. I am a catholic christian and after 2 years of separation can file divorce in march 2023. But as the law in india are woman oriented and she knows it would be hard for me to fight even when I have enough call records as proof to her statements I am afraid law may not support me. What should I do as i am also not is a position to afford expensive lawyers.
A.Dear Sir,
on the ground of desertion and irretrieveable marriage the court may grant divorce to you.
------------------------------
Indian Divorce Act 1869
According to the preamble of this Act, it amends the law relating to the divorce of people professing Christianity. It even confers upon certain courts the jurisdiction to settle these matters.
This is the only codified law regulating divorces amongst Christians. The British had first enacted this law before Independence and it continues to be force today.
The Act came into existence on 1 April 1869. It applies to the whole country except the state of Jammu & Kashmir. Furthermore, it applies only to those people who profess the Christian religion. The parties must also reside in India to apply for any remedy under the Act.
Grounds for Dissolution of Marriage
Section 10 of the Indian Divorce Act contains grounds on which a court may dissolve a marriage. In order to avail a divorce, the husband or wife must file a petition before the District Court. This is basically the court under whose jurisdiction the parties solemnized their marriage or they reside or last resided together.
The court may grant a divorce under any of the following grounds:
a) When one of the parties commits adultery;
b) If a party ceases to be a Christian;
c) In case of a party being of unsound mind for two years;
d) If a party has been suffering from leprosy or a venereal disease for two years;
e) In case of a party wilfully refusing to consummate the marriage;
f) When a party has deserted the spouse for two years or more;
g) In case of a party treating the spouse with cruelty.
Apart from these grounds, the wife can present a petition of divorce on additional grounds. For example, she can file for divorce if her husband has, after marriage, been guilty of rape, bestiality, etc.
Divorce by Mutual Consent
According to Section 10, the grounds we saw above must exist for a party to file for divorce. However, it may so happen that both parties wish to seek divorce mutually. For this purpose, the Parliament amended this Act to insert Section 10-A.
According to Section 10-A, parties may together mutually file a petition for divorce in the District Court. In order to do this, they must have lived separately for two years and must be unable to live together. In case parties do not withdraw this petition between 6 to 18 months, the court may dissolve their marriage.
Nullity of Marriage
Apart from the dissolution of marriage, the Act also contains provisions for nullity. Either the husband or the wife may file a petition for this before the District Court. There are a few grounds for which a party may file such a petition.
For example, the impotency or lunacy of a party at the time of marriage can be ground. One can also file this petition if the other party was still married to his/her former spouse during the marriage.
Restitution of Conjugal Rights
The Act also contains a provision for restitution of conjugal rights under Section 32. Under this provision, a party may seek restitution if his/her spouse withdraws from their company. Under restitution, the marriage remains but both parties do not possess all marital rights temporarily.
Section 32 in THE DIVORCE ACT, 1869
32 Petition for restitution of conjugal rights. —When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, either wife, or husband may apply, by petition to the District Court 32 [***] for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Custody of Children
The Divorce Act contains some provisions governing custody of children in cases of dissolution or nullity of marriage. Section 41 empowers courts to make interim orders with respect to custody. Even after passing a final decree of separation, the court may award custody to any specific party.
Examples on Indian Divorce Act 1869
Question: Fill the following blanks.
(a) The Indian Divorce Act applies only to the members of the __________ community.
(b) Section __________ allows parties to file for divorce with mutual consent.
(c) Parties have to file petitions for divorce or judicial separation before the __________.
Answers: (a) Christian (b) 10-A (c) District Court
on the ground of desertion and irretrieveable marriage the court may grant divorce to you.
------------------------------
Indian Divorce Act 1869
According to the preamble of this Act, it amends the law relating to the divorce of people professing Christianity. It even confers upon certain courts the jurisdiction to settle these matters.
This is the only codified law regulating divorces amongst Christians. The British had first enacted this law before Independence and it continues to be force today.
The Act came into existence on 1 April 1869. It applies to the whole country except the state of Jammu & Kashmir. Furthermore, it applies only to those people who profess the Christian religion. The parties must also reside in India to apply for any remedy under the Act.
Grounds for Dissolution of Marriage
Section 10 of the Indian Divorce Act contains grounds on which a court may dissolve a marriage. In order to avail a divorce, the husband or wife must file a petition before the District Court. This is basically the court under whose jurisdiction the parties solemnized their marriage or they reside or last resided together.
The court may grant a divorce under any of the following grounds:
a) When one of the parties commits adultery;
b) If a party ceases to be a Christian;
c) In case of a party being of unsound mind for two years;
d) If a party has been suffering from leprosy or a venereal disease for two years;
e) In case of a party wilfully refusing to consummate the marriage;
f) When a party has deserted the spouse for two years or more;
g) In case of a party treating the spouse with cruelty.
Apart from these grounds, the wife can present a petition of divorce on additional grounds. For example, she can file for divorce if her husband has, after marriage, been guilty of rape, bestiality, etc.
Divorce by Mutual Consent
According to Section 10, the grounds we saw above must exist for a party to file for divorce. However, it may so happen that both parties wish to seek divorce mutually. For this purpose, the Parliament amended this Act to insert Section 10-A.
According to Section 10-A, parties may together mutually file a petition for divorce in the District Court. In order to do this, they must have lived separately for two years and must be unable to live together. In case parties do not withdraw this petition between 6 to 18 months, the court may dissolve their marriage.
Nullity of Marriage
Apart from the dissolution of marriage, the Act also contains provisions for nullity. Either the husband or the wife may file a petition for this before the District Court. There are a few grounds for which a party may file such a petition.
For example, the impotency or lunacy of a party at the time of marriage can be ground. One can also file this petition if the other party was still married to his/her former spouse during the marriage.
Restitution of Conjugal Rights
The Act also contains a provision for restitution of conjugal rights under Section 32. Under this provision, a party may seek restitution if his/her spouse withdraws from their company. Under restitution, the marriage remains but both parties do not possess all marital rights temporarily.
Section 32 in THE DIVORCE ACT, 1869
32 Petition for restitution of conjugal rights. —When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, either wife, or husband may apply, by petition to the District Court 32 [***] for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
Custody of Children
The Divorce Act contains some provisions governing custody of children in cases of dissolution or nullity of marriage. Section 41 empowers courts to make interim orders with respect to custody. Even after passing a final decree of separation, the court may award custody to any specific party.
Examples on Indian Divorce Act 1869
Question: Fill the following blanks.
(a) The Indian Divorce Act applies only to the members of the __________ community.
(b) Section __________ allows parties to file for divorce with mutual consent.
(c) Parties have to file petitions for divorce or judicial separation before the __________.
Answers: (a) Christian (b) 10-A (c) District Court
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A.Hello Client,
You can file for Contested Divorce under the Indian Divorce Act, 1869. You have all the grounds to file a divorce against your Wife.
Thanks & Regards
You can file for Contested Divorce under the Indian Divorce Act, 1869. You have all the grounds to file a divorce against your Wife.
Thanks & Regards
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A.Hi client,
Contact an advocate, who expertise in divorce matter. Laws are meant for all, keep faith in the judiciary system, justice will prevail. Law will definitely support the one who is honest and correct.
Thanks and Regards
Simi Paul
Contact an advocate, who expertise in divorce matter. Laws are meant for all, keep faith in the judiciary system, justice will prevail. Law will definitely support the one who is honest and correct.
Thanks and Regards
Simi Paul
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