Divorce among Christians
In an earlier article we had seen the requirements and circumstances in which a family court can grant divorce for Hindus. In this article let us analyze the grounds by which married Christians are eligible for an order of divorce.
Many of the grounds for divorce of Indian Christians are similar to that of Hindus. The Divorce Act, 1869 as amended by the Indian Divorce (Amendment) Act, 2001 guides the divorce proceedings among Indian Christians.
A marriage may be dissolved on the grounds of adultery, conversion to other religions, unsoundness of mind, suffering from leprosy, venereal diseases etc., of the opposite party. It may also be dissolved on grounds such as desertion, non-consummation of marriage, not being heard as alive for a period of 7 years, treating the partner with cruelty etc. Further a wife may file a petition for dissolution of her marriage if the husband has been guilty of rape, sodomy or bestiality.
In addition to the above, section 19 of the said act permits the husband or wife to present a petition for decree of nullity of marriage on grounds such as impotency of the partner, parties within prohibited degrees of consanguinity, partner being a lunatic or idiot, the former husband or wife of either party living at the time of marriage, obtaining consent to marriage by force, fraud etc. The jurisdictional family court after, proper enquiry and evidence may order either dissolution of marriage or decree the marriage as null and void.
Section 10-A of the said act gives the parties a revolutionary right, to get dissolved the marriage, by mutual consent.