Christian law of divorce in India

Christian law of divorce in India

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Divorce is not an easy task among Christians. Powerful religious restrictions prevent even the warring couples from going for a break up in their marital life. If divorce is required one has to prove before the Church that the spouse is involved in adultery or he or she suffers from lunacy. Even though Christians, as the citizens of the country, have to undergo the legal formalities through the court proceedings before they can have a divorce, the primary requirement is the nod from the Church.

The Dissolution of Marriage and Judicial separation (under the Indian Divorce Act, 1869), allows a Christian wife to file petition for a divorce either in High Court or District Court on the grounds…

• That her husband has exchanged his profession of Christianity and gone through a form of marriage with another woman.

• Has been guilty of incestuous adultery.

• Has been guilty of bigamy and adultery.

• Has been guilty of rape, sodomy or bestiality.

• Is guilty of adultery coupled with desertion, without reasonable excuse for two years or more.

The Indian Divorce Act, 1869, is an attempt to amend the law relating to the divorce of Christians and to confer jurisdiction on certain Courts in matrimonial matters. Section 7 of the Act specifically provides for the application of the principles and rules on which the Court for Divorce and Matrimonial Causes in England acts and gives relief.