Grounds of Divorce After The Amendment
Gender discrimination writ large on various provisions in the Act has been amended and gender equality has been made almost a certainty. This is more so in the case of grounds for divorce as provided in section 10 of the Act. As far as the Kerala Christians are concerned, it has helped men more in so far as the grounds for divorce are concerned. Women were already having sufficient grounds to seek a divorce on account of a decision of the Full Bench of the High Court in Ammani E.J Vs. Union of India. After the present amendment, both husband and wife can seek a divorce on the grounds of,
- Adultery
- Cruelty
- Desertion for more than seven years
- Insanity for more than two years
- Incurable leprosy for more than two years
- Conversion to another religion
- Willful refusal to consummate the marriage
- Not being heard of for 7 years
- Venereal disease in communicable form for two years
- Failure to obey the order for restitution of conjugal rights.
However, the wife has been permitted to sue for divorce on additional grounds if the husband is guilty of:
- Rape
- Sodomy
- Bestiality
All these years, Christian spouses were compelled to mudslinging each other if they desired to go in for a divorce. Now section 10- A is added under which mutual consent has also been made a ground for divorce.But the mutual consent is not the same as Hindu Marriage Act. The Divorce Act 1869 (Amendment 2001) states that the couple should be separated for 2 years before raising the petition.
Read more about this topic: Christian Law Of Divorce In India
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