Christian Marriage Act
In most western nations divorce is granted to a Christian couple under approximately 16 reasons. Whereas in India under the Christian Marriage Act of 1872, only five reasons are accepted as grounds for divorce.
These include:
1. Adultery
The Christian law initially did not grant a divorce to a woman solely on the grounds of adultery. She had to seek divorce on other valid grounds such as cruelty. However, a Bombay High Court case some years ago recognised adultery as sufficient grounds for dissolution of a Christian marriage.
2. Cruelty
Cruelty refers to both physical and mental abuse and neglect. And as with adultery, earlier it required Christian women to prove both adultery and cruelty to seek divorce. However, today cruelty has is considered a valid reason in itself.
3. Desertion
There are three aspects to desertion. Disrupting co-habitation, absence of just and reasonable reason for doing so, and a combination of the first two reasons. It is also applicable in cases where the spouse has not been heard about for a period of seven years or more.
4. Impotency
This refers to the physical inability of the couple to consummate the marriage or the refusal of one spouse to do so. Sterility of a partner and no knowledge of that prior to marriage can be considered as a ground for divorce.
5. Chronic Disease
Both mental and physical illnesses are included in this category, including sexually transmitted diseases. However, the Act does not allow divorce on grounds of leprosy, which is considered in the case of the Hindu Marriage Act.
Mutual Consent
A marriage can also be dissolved under the mutual consent of both parties. To get divorced by mutual consent, you need to submit proof of marriage such as the marriage certificate or the invitation card.
Granting of Divorce
Getting a divorce under other grounds such as adultery, cruelty or desertion can take time depending upon the evidence required and the time taken to gather proof.
It can take anywhere from a year to three years or more.
M for Maintenance
A Christian woman can seek maintenance or alimony in a civil or high court under the Indian Divorce Act 1869.
You can either claim maintenance from your husband through a civil or criminal proceeding. However, unlike a civil proceeding, in criminal proceedings a person's religion does not matter.
Unlike the Hindu Marriage Act where both husband and wife can seek maintenance, under the Christian Act only the wife can seek maintenance.
And you will be eligible for maintenance as long as you don't remarry. The day you remarry the contract of maintenance stands terminated.
Contempt of Court
If your husband refuses to pay the maintenance, then the court can take the initiative of attaching any property of the husband as a means for providing maintenance.
Despite repeated orders, if the husband refuses to pay up, then he can be imprisoned until he agrees to pay.
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