How people usually put it
We had a church marriage, how do we get divorce. Church annulment is enough or court divorce needed. Christian mutual divorce how long. Palliyil kalyanam kazhinju, divorce engane. Christian divorce-inu ethra kaalam pirinju thamasikkanam. ക്രിസ്ത്യൻ വിവാഹമോചനം എങ്ങനെ. പള്ളിയിലെ വിവാഹം റദ്ദാക്കൽ മതിയോ.
Which law applies
Christian marriages are dissolved by the District Court (or Family Court) under the Divorce Act, 1869 (formerly the Indian Divorce Act). Before remarrying, ask a lawyer to confirm that a court decree has been obtained; a church process alone should not be assumed to end the marriage in civil law.
Divorce grounds (section 10(1))
Either spouse may seek divorce if, since the marriage, the other:
- has committed adultery;
- has ceased to be Christian by conversion;
- has been incurably of unsound mind for at least two years before the petition;
- has suffered from venereal disease in a communicable form for at least two years;
- has not been heard of as alive for seven years or more;
- has wilfully refused to consummate the marriage;
- has failed to comply with a decree for restitution of conjugal rights for two years or more;
- has deserted the petitioner for at least two years;
- has treated the petitioner with such cruelty as to cause a reasonable fear that living together would be harmful or injurious.
A wife may also seek divorce on the ground that the husband has been guilty of rape, sodomy or bestiality (section 10(2)).
Divorce by mutual consent (section 10A)
Both spouses petition the District Court together on the ground that they have been living separately for two years or more, cannot live together, and agree to dissolve the marriage. The second motion is made not earlier than six months and not later than eighteen months after the petition. The separation period and waiting period have been the subject of court rulings; a lawyer can confirm how the Family Court applies them today.
Practical points
- File in the Family Court; a lawyer or the District Legal Services Authority can confirm which one has jurisdiction.
- Maintenance for a wife and children can also be claimed under BNSS section 144; protection and residence under the Domestic Violence Act.
- Custody is decided by the child's welfare; see the note on marriage, divorce and custody.
This guide is legal information, not legal advice, and reading it creates no advocate–client relationship. Laws change and every case turns on its own facts. For anything serious, consult an advocate — and if you cannot afford one, the District Legal Services Authority will give you a lawyer free of cost.
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