1/27/2020 Christian Divorce as per Indian Divorce Amendment Act,2001

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Divorce Divorce by Mutual Consent
(section 10) (section 10A)

Christian Divorce: Indian Divorce

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Amendment Act, 2001

Written by Renuka

Petition filed by either party to

marriage on the following Petition filed with the mutual
grounds. They are as under: consent of both parties
Subject to condition of living
Committed adultery separately for two year and
Conversion of religion not being able to live together
Unsound mind Other conditions-
Suffering from incurable from of Till 6 months from date of
leprosy filing the petition- interpreted
Suffering from venereal disease that no decree shall be passed
Not heard alive fro 7 years From 6 months to 18 months -
Willfully refused to consummate option is given to withdraw the
marriage petition
Failed to comply with decree for After 18 months from date of
Restitution of Conjugal Right filing petition-court will passed
Desertion final decree at its discretion
Cruelty

Judicial power with the wife in

case husband is found guilty of:
Rape
Sodomy
Bestality

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Christian Divorce
Christian Divorce article elaborate the grounds of divorces under the Indian Divorce Amendment
Act,2001 that may lead to dissolution of the solemnized marriage between husband and wife.

Indian Divorce Amendment Act, 2001

Section 10: Grounds for Christian Divorce (Religious grounds for

divorce)

1. Any marriage solemnized, whether before or after the

commencement of the Indian Divorce Amendment Act, 2001, may,

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1/27/2020 Christian Divorce as per Indian Divorce Amendment Act,2001

present
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2. Such petition for
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divorce Lawyer
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to present before District Court
INDIAN DIVORCE
AMENDMENT ACT, 2001 Live Search .. 
either by the husband or the wife, be dissolved on the ground that
since the solemnization of the marriage, the respondent —
Dissolution of Marriage
(section 10 & 10A)

Has committed adultery; or

Has ceased to be Christian by conversion to another religion; or

Divorce Divorce by Mutual Consent
(section 10) (section 10A)
It has been incurably of unsound mind for a continuous period of not less than two years
immediately preceding the presentation of the petition; or
Has, for a period of not less than two years immediately preceding the presentation of the petition,
been suffering from a virulent and incurable form of leprosy; or
If it has, for a period of not less than two years immediately preceding the presentation of the
Petition filed by either party to
petition, been suffering from venereal disease in a communicable form; or
marriage on the following Petition filed with the mutual
grounds. They are as under: consent of both parties
Subject to condition of living
Has not been heard of as being alive for a period of Committed
seven years or more by those persons who
adultery separately for two year and
Conversion of religion not being able to live together
would naturally have heard of the respondent if theUnsound
respondentmind had been alive; or Other conditions-
Suffering from incurable from of Till 6 months from date of
Has willfully refused to consummate the marriage and the marriage has not therefore been filing the petition- interpreted
leprosy
Suffering from venereal disease that no decree shall be passed
consummated; or Not heard alive fro 7 years From 6 months to 18 months -
Willfully refused to consummate option is given to withdraw the
marriage petition
Has failed to comply with a decree for restitution ofFailed
conjugal rights
to comply for a period
with decree for of two years or
After 18 months from date of
Restitution of Conjugal Right filing petition-court will passed
upwards after the passing of the decree against theDesertion
respondent; or final decree at its discretion
Cruelty
Has deserted the petitioner for at least two years immediately preceding the presentation of the
petition; or

Has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of
the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.

Judicial power with the wife in

case husband is found guilty of:
3. Grounds of Christian Divorce available only to Wife (divorce wife)
Rape
Sodomy
Bestality

A wife may also present a petition for the dissolution of her marriage on the ground that the
husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.

Section 10A :Grounds for Divorce with Mutual Consent of Marriage

1. Petition filed with the mutual consent of both parties

2. While subject to condition of living separately for two year and not being able to live together
3. However Other conditions may also apply –

Till 6 months from date of filing the petition- court will not passed any decree
From 6 months to 18 months – option made available to withdraw the petition

After 18 months from date of filing petition- court will pass final decree at its discretion

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1/27/2020 Christian Divorce as per Indian Divorce Amendment Act,2001
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INDIAN DIVORCE
AMENDMENT ACT, 2001

INDIAN DIVORCE
NearLaw.com Ask Free Question Find Lawyer Lawyer Signup AMENDMENT ACT, 2001 Live Search .. 
Dissolution of Marriage
(section 10 & 10A)
Dissolution of Marriage
(section 10 & 10A)

Divorce Divorce by Mutual Consent

(section 10) Divorce (section 10A)Divorce by Mutual Consent
(section 10) (section 10A)
Petition filed
with the mutual
Petition filed by either party to consent of both
marriage on the following parties
grounds. They are as under:

Subject to
condition of
Committed Petition filed by either party to living separately
adultery marriage on the following Petition filed with the mutual
for two year and
grounds. They are as under: consent of both parties
Conversion of not being able to to condition of living
Subject
religion Committed adultery live together separately for two year and
Conversion of religion not being able to live together
Unsound mind Unsound mind Other conditions-
Suffering from incurable from of Till 6 months from date of
Suffering from leprosy Other filing the petition- interpreted
incurable from of Suffering from venereal disease conditions- that no decree shall be passed
leprosy Not heard alive fro 7 years From 6 months to 18 months -
Willfully refused to consummate option is given to withdraw the
Suffering from marriage
1. Till 6
petition
monthsAfter 18 months from date of
venereal disease Failed to comply with decree for
Restitution of Conjugal Right from date of filing petition-court will passed
Not heard alive fro Desertion filing the final decree at its discretion
Cruelty petition-
7 years
interpreted that
Willfully refused to
no decree shall
consummate
be passed
marriage
2. From 6 months
Failed to comply
to 18 months -
with decree for
option is given
Restitution of
to withdraw the
Conjugal Right
Judicial power with the wife in
petition
Desertion case husband is found guilty of: 3. After 18 months
Rape
Cruelty Sodomy from date of
Bestality filing petition-
court will passed
final decree at
Judicial power with the wife in its discretion
case husband is found guilty of:

Rape
Sodomy
Bestality

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Article Categories: Divorce · Family Law

RENUKA ›
Renuka is a Final Year LL.B. student at Siddharth College of Law. She has done her
Bachelors in Banking & Insurance and has also completed her Masters in Business
Management . She likes to participate in legal workshops and Moot Courts. Besides her
interest in law, she has a keen aptitude for legal research and is good at putting her
analysis into words.

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Dissolution of Marriage
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Divorce Divorce by Mutual Consent
(section 10) (section 10A)
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Petition filed by either party to

marriage on the following Petition filed with the mutual
grounds. They are as under: consent of both parties
Subject to condition of living
Committed adultery separately for two year and
Conversion of religion not being able to live together
Submit Comment Unsound mind Other conditions-
Suffering from incurable from of Till 6 months from date of
leprosy filing the petition- interpreted
Suffering from venereal disease that no decree shall be passed
Not heard alive fro 7 years From 6 months to 18 months -
Willfully refused to consummate option is given to withdraw the
marriage petition
Failed to comply with decree for After 18 months from date of
Restitution of Conjugal Right filing petition-court will passed
Desertion final decree at its discretion
Cruelty

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Judicial power with the wife in Random

case husband is found guilty of:
Rape
Sodomy
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