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 recognise 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.Talk to your Divorce Lawyer @ 9884883318
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