Indian Divorce Act
The Indian Divorce Act regulates divorce among India’s Christian families. Divorce is the legal separation between a guy and a female of civil union. According to this act, the court of law grants the separation after either wife or husband receives a petition. Following divorce, alimony, baby ownership and visitation, estate allocation and debt allocation are granted. The Christian couple should be aware of the fact that a divorce procedure is taking place in our country before choosing a divorce. We’re going to peer at the Indian Divorce Act in depth in this paper.
The Indian Divorce Act – An Outline
In 1869, the Indian Divorce Act was drawn up in the Indian legal system. The laws and procedures for divorce in India vary depending on the couple’s society. As stated above, divorce among Christians is governed by the Indian Divorce Act of 1869, Hindus, Buddhists, Sikhs and Jains by the Hindu Marriage Act of 1955, Muslims by the Muslim Marriage Dissolution Act of 1939, Parsis by the Parsi Marriage and Divorce Act of 1936, and civil and inter-community marriages by the Special Marriage Act of 1956. Under the scope of this divorce law, the State of Jammu and Kashmir is excluded, although residents residing in other states but residing in Jammu and Kashmir would qualify for these rules and provisions.
Types of Divorce Petitions
A Christian pair can obtain a divorce with shared approval (no-fault settlement or voluntary divorce), or either wife can request for divorce without the approval of the other (blame mediation) as per Indian divorce act.
Divorce with Mutual Consent
The courts will consider a divorce with mutual consent as per when the couples agree to a divorce. Section 10A of the Indian Divorce Act, 1869 requires the couple to be separated for at least two years, the couple must only provide that they did not live as husbands and wives during this period.
• Couples should be segregated for more than one year
• Couples should be prepared to demonstrate that they were unable to reside together
• Matters of child ownership, retention and estate privacy should be generally decided.
Alimony or Maintenance Issues
There are three aspects that the couples must reach consensus on. One is problems with alimony or retention. Under the law on divorce, there is no minimum or maximum support limit
Custody of the child
The second consideration is the child’s custody. Depending on the spouses ‘ knowledge, child custody in mutual approval divorce may also be distributed or simultaneous or exclusive.
Property Rights
The fifth is ownership. It is up to couples to decide who gets what part of the property (both movable and immovable). As far as bank accounts are concerned, everything must be split.
Duration of Divorce
Depending on the court’s judgment, the length of divorce by shared approval ranges from six to 18 months.
Dissolution of Marriage (Divorce without Mutual Consent)
According to the Indian Diverse Act, either the spouse or spouse may lodge the Marriage Dissolution petition. The conditions under which the petition can be filed are explained in detail below:
Husband Petition
Any spouse may lodge a petition with the District Court or the High Court, hoping that his marriage should be closed on the floor that his spouse has been accused of adultery since the marriage was solemnized. Such marriage could be solemnized under the Christian Marriage Act according to this act.
Petition by Wife
Any wife can submit a marriage dissolution petition to the District Court or the High Court. Under any of the following circumstances, the wife may file such petition:
- If her husband has exchanged his profession of Christianity for the profession of some other religion
- If the husband went through a form of marriage with another woman
- If her husband has been guilty of incestuous adultery since the solemnization of marriage
- In case of bigamy with adultery
- In case of marriage with another woman with adultery
- In case of rape, sodomy or bestiality
- In case of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensa et toro
- In the case of adultery coupled with desertion, without reasonable excuse, for two years or more
Contents of Petition
Each such petition should comprise the evidence on which the request to have such a marriage disbanded is based as clearly as the reality of the situation allows.
Dismissal of petition
The court will dismiss the petition for any of the following cases:
• If proof of any petition is not satisfied by the court or the petitioner’s case has not been proven
• If the court is not satisfied that the alleged adultery has been committed, find that the petitioner has been accessory to or conniving at the time of the marriage in which the alleged marriage has been committed or has been committed.
• If the petition is prosecuted in collusion with either of the respondents and any of those cases, the petition will be rejected by the court.
When a petition under this act is dismissed by the District Court, the petitioner may submit to the High Court a similar petition.
Decree for Dissolving the Marriage
In case the court is satisfied and the petitioner’s evidence of a case has been proven, the court will pronounce a decree declaring the dissolution of such a marriage. According to this law, for the previous cases, the Court will not be required to declare such a order: • If it considers the petitioner guilty of rape.
• Where the petitioner is guilty of an unreasonable delay in filing or prosecuting the petition.
• In the event of the other party’s brutality to the wedding.
• In the event that he or she deserted or voluntarily separated from the other party prior to the complaint of adultery and without reasonable excuse.
• In the event of such voluntary negligence or behavior towards the other group as has occurred in connection with rape.
Confirmation of decree for dissolution
Any decree made by a District Judge to dissolve the marriage will be subject to confirmation from the High Court.
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