Indian Christian
Divorce Act
The Indian Divorce Act deals with divorce among Christians.
The reasons are almost similar to the ones under the Hindu Marriage Act. Roman
Catholics do not come under the purview of any divorce proceedings since the
Roman Catholic Church has not recognize divorce. The Divorce Act also does not
contain any provision for divorce by mutual consent. Maintenance: During the
period when the divorce case is in the court, the husband has to give one fifth
of his salary for the maintenance of his wife. Later, maintenance can be given
either yearly or once for all as total settlement. Custody: Custody of the
child is decided by the court after going into the details of each individual
case.
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…
o That her
husband has exchanged his profession of Christianity and gone through a form of
marriage with another woman.
o Has been guilty
of incestuous adultery.
o Has been guilty
of bigamy and adultery.
o Has been guilty
of rape, sodomy or bestiality.
o 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.
The relief granted under Indian Divorce Act, 1869…
o Dissolution of
marriage
o Nullity of
marriage
o Judicial
separation
o Protection
orders
o Restitution of
conjugal rights.
The Courts also have powers to:
o Order adulterer
to pay damages and costs
o Order alimony,
pendante-lite (pending decision of the Court) or permanent
o Order
settlement of property
o Make order as
to custody of children in a suit or separation
Though Section 22 of the Act bars ‘divorce mensa et toro’ (a
decree that can be obtained without the presence of the other party, an exparte
decree), it provides for obtaining a decree for judicial separation on grounds
of
o adultery
o cruelty
o desertion,
without reasonable excuse for two years or more.
Once the separation is awarded, from the date of the
sentence, the separated wife would be deemed spinster, with respect to
property, which she may acquire or which may devolve on her. This status would
apply for the purposes of contract, wrongs and injuries and suing and being
sued in civil proceedings.
