Divorces among Christian couples are governed by the Indian Divorce Act in India. Divorce means a legal dissolution of a marriage between a man and a woman. As per the Indian Divorce Act, the separation will be permitted by the court of law after it receives a petition from any of the parties. After a divorce, alimony, child custody and visitation, distribution of property and debts is also granted. In this blog, we will discuss in detail the Indian Divorce Act.
The Indian legal system drafted the Indian Divorce Act in 1869. In India, as the community of people changes, the rules and procedures for a divorce also change. The Indian Divorce Act is responsible for governing the divorces among christian couples whereas the Hindu Marriage Act, 1955 is responsible for governing the marriages among the couples belonging to Hindu, Buddhist, Sikh and Jain category. The divorce in Muslims is governed by the Dissolution of Muslim Marriages Act, 1936 and for Parsis by the Parsi Marriage and Divorce Act, 1936 whereas the Inter and civil community marriages are governed by the Special Marriages Act.
The divorce between a christian couple happens by mutual consent and is known as no-fault or mutual divorce or it is possible for the spouse to file for a divorce without asking the other according to the Indian Divorce Act, known as the Fault Divorce.
When a divorce happens with the consent of both the parties, then it is considered to be a divorce with mutual consent by the court of law under Section 10 A of the Indian Marriage Act. For this, the couple needs to be separated for at least the last two years and the parties have to prove that they have not been husband and wife for this period.
As per the guidelines of the Indian Divorce Act, the petition for the dissolution of marriage can be filed by both husband and wife.
The wife has been guilty of any sort of adultery ever since the solemnization of the marriage. The petition can be filed by any husband in either the District Court or the High Court. Such kinds of marriages may have been solemnised by the Christian Marriage Act.
The documents which are needed in order to file of a divorce under the Indian Divorce Act, 1869 are as follows:
The code of civil procedure, 1908 is responsible for regulating the process of filing for a divorce in India. The applicant will first have to file a petition in the district court along with affidavits of both the partners. The following details must be mentioned in the petition:
In this blog, we discussed the Indian marriage act, and type of divorce petitions along with the divorce with and without mutual consent. We also discussed in detail the documents and procedure to carry out a divorce according to the Indian Divorce Act.