My wife and I were married under Christian marriage act before a marriage registrar in India. We would like to divorce under mutual consent. Both of us are now residing out side India. Is it possible for us to file a joint application for divorce while being out side India? I mean, should the application be done in person or can it be done by power of attorney? how and where do I obtain such an application? Should the filing of application be done at the same jurisdiction where the marriage was held or can it be done anywhere in India?
2007-09-11 10:03:09 · 4 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
After the drastic amendment to the Indian Divorce Act related to divorce between the Indian Christians you can seek divorce by mutual consent under section 10A of the Act, in the Family court where the marriage took place or where you last resided together or where either of them usually reside. The presence of both the parties is necessarily required at the time of filling of this jointly signed petition for divorce as well at the time of final order, although you can engage the services of an advocate to represent both of you in the court but the court will insist for your personal presence during the proceedings before it. This case gets decided within a year time period usually any time after six months from the date of its filling but before 18 months. Incase you both stay out of the country you can even seek divorce by mutual consent if the foreign country where you stay has some matrimonial provisions with regard to dissolution of marriage of the foreigners who married in their respective countries but now stay their & seek divorce. Check this point from the local lawyer/advocate, in countries like USA such common law provisions exist under which foreigners can seek divorce. Will this decree of divorce will be valid in India or not. Yes it will be valid under section 13 of the Civil Procedure Code if conditions as provided under this section are followed. The Supreme Court of India has recognized such decrees which are not in contravention to the provisions of section 13 of CPC.
2007-09-11 14:39:38 · answer #1 · answered by vijay m Indian Lawyer 7 · 8⤊ 0⤋
Christian Marriage Act Divorce
2016-12-14 16:35:26 · answer #2 · answered by ditchfield 4 · 0⤊ 0⤋
hmm... church doesn't allow divorce.. but you can use the 1 year period to think carefully and working it out.. having a problem doesn't mean there's no other way to solve it or divorce.. go to church, try to read the books about marriage then you'll get something really good..trust me. have faith and practice it..
2016-04-04 02:34:24 · answer #3 · answered by Anonymous · 0⤊ 0⤋
The answer given by Vijay comprehensively answers the question.
2007-09-11 22:00:52 · answer #4 · answered by Pramod R 4 · 0⤊ 0⤋