Divorce

Dear Client,
The Indian Divorce Act, 1869 governs divorce among the Christian couples in India. As per the said Act, a Christian couple can get a divorce with mutual consent or either spouse may file for divorce petition without the consent(contested divorce) of the other. Section 10A of Indian Divorce Act, 1869, requires the couple to be separated for at least two years and not living as husband and wife during this period. If the wife is unable to maintain or support herself, she can file petition before the court seeking alimony (maintenance) both during the pendency of the suit and after the decree of divorce. Sections 36, 37 & 38 of the Indian Divorce Act, 1869 deals with the maintenance of the separated wife. Under Section 37 of the Act following factors are considered for awarding maintenance. 1) Conduct of parties before and after marriage. 2) Nature and source of husband’s income. 3) Wife’s own wealth, if any. Section 38 of the Act contains the rules governing payment of alimony. So, the given the proposition of governing law, court may pass an decree of divorce with payment of alimony/maintenance, once a petition claiming payment of maintenance is filed by the spouse, provided she is unable to support or maintain herself. A contested divorce is more expensive and time-consuming than a mutual consent divorce. However, grounds for one-sided/contested divorce reflect the various challenges and complexities that may arise in the course of divorce proceedings. It is always recommended to consult an expert divorce lawyer to get the right legal advice to defend a contested divorce petition.