Can an Indian who has obtained a divorce under the India Divorce Act 1869 get married in church?

Question

What is the Roman Catholic Church stand in case of divorces and how can an annullment be obtained? Is the spouce from the previous marriage still considered wedded despite the divorce from the Indian courts?

Answer 1

Let me first inform you that the old Indian Divorce Act,1869 has be amended by the new Indian Divorce amendment Act,2001 where there are number of changes made & one of the change is in section 56 of the old Act which provided Liberty to parties to marry again after obtaining the decree of dissolution of previous marriage. Now the latest section 56 provides as: - Liberty to parties to marry again.-Where a decree for dissolution or nullity of marriage has been passed and either the time for appeal has expired without an appeal having been presented to any court including the Supreme Court or an appeal has bee presented but has been dismissed and the decree or dismissal has become final, it shall be lawful for either party to the marriage to marry again.".
So now after fulfillment of the appeal period expired for any appeal to the Supreme Court either party to the marriage can remarry again legally. As far what the stand of Catholics is in regards to this amendment or on divorce is concerned I shall paste a letter sent by them to the Government in end of my answer. As far remarriage in Church after getting the decree of divorce is concerned it is absolutely valid & legal in the eye of law as told you above. The decree of divorce issued by the Court in India is above any stand of any Church or any Parish in India the previous marriage comes to an end with this decree & the spouse from previous marriage will be called divorcee not wedded. Now for the Catholics stand on this amendment read this letter:- New Delhi, 2 September, 2001

THIS IS A JOINT PRESS STATEMENT BY:
THE CATHOLIC BISHOPS' CONFERENCE OF INDIA (CBCI)
NATIONAL COUNCIL OF CHURCHES IN INDIA (NCCI)
JOINT WOMEN'S PROGRAMME (JWP)

The Christian community in India, particularly women, have expressed
their happiness at the latest amendments made to the Indian Divorce Act
1869 by the parliament. The Amendment Bill, to take effect as soon as
the President gives his assent to it, removes gross gender inequality
existent in the Act.

The community thanks all political parties in the parliament who have
endorsed the passage of the Bill.

The legislation is a milestone in the long struggle of the Community,
especially the Joint Women's Programme, CBCI and NCCI that came together
on their own to update its outdated laws, relating to marriage, divorce,
adoption and succession. The legislation by way of amendment of the
Indian Divorce Act is also unique as an ecumenical effort of the entire
community, including women's groups within the community.

The demand for amendments in the 1869 Act began almost 40 years but its
efforts began to crystalize from 1991 onwards.

While the Community thanks the Government for this step, it calls on the
government to take immediate steps to fulfill other long pending
demands, namely amendment to the Indian Succession Act 1925 so as to
treat Christians at par with other communities and also enactment of
Christian adoption law. It is to be noted that currently there is no
adoption law for Christians in India.

Jyotsna Chatterjee Archbishop Oswald Gracias
Joint Women's Programme Catholic Bishops' Conference of India

A. Francis Julian
National Council of Churches in India

Issued by Rev. Dr. Dominic Emmanuel svd
Director of Communication/Information Bureau
Contact person: Dominic Emmanuel svd
e-mail: [e-mail]
0091 11 3363214; 3369582

Answer 2

particular you could break up in india in case you and your husband are keen to india and concern herself to the jurisdiction there. this could reason you time and funds. besides the fact which you would be able to get divorce in any state interior america. quite interior the state which you presently stay. it incredibly would not remember the place you incredibly out married or the regulation at that to procure married which you would be able to get on your state in case you're keen to concern your self to the jurisdiction to of the state. purely report a complaint and report the complaint on your husband. divorce is rather uncomplicated to get interior the U. S. through fact all you could state is that the marriage as broken down irretrievably

Answer 3

yes friend u can get maried , but has to get sanction from the catholic church i mean bishop house

Answer 4

Yes.

Answer 5

INDIAN CONSTITUTION DID NOT PROHIBIT ANY CITIZEN TO MARRY IN CHURCH.