Christian Divorce

In modern Indian law, the term 'fraud' has been given a wider interpretation. Mere statements alleging fraud in the pleadings is not sufficient to establish a presumption of fraud in matrimonial law. Section 19 of the Indian Divorce Act contemplates fraud as a ground for divorce but the term has a broad scope.

English law applies the ‘caveat emptor’ maxim in case of a marriage. Based on this notion, a marriage cannot be avoided either by simple fraud or mistake. Mere concealment or even over projection of facts between the parties cannot invalidate a marriage.

The Catholics believe that a marriage is forever. This discussion helps you understand the reasons for this belief.Throughout the world, the Catholic Church does not allow divorce. The subject of divorce and the Catholic Church has always been a delicate one. A non-Catholic who wants to marry a Catholic may not be aware of this but it is important to know the implications. The Catholic Church has stringent rulings about divorce, separation, the children’s beliefs and religious upbringing. We also know that the Catholic Church does not bend the rules just because we demand it.

Article 15 of the Indian Constitution forbids any form of discrimination on the grounds of religion or sex but the grounds for divorce as enacted in the 1869 Act were discriminatory to Christian women. Till the Indian Divorce (Amendment) Act was enacted in 2001, Christians were governed by the Indian Divorce Act, 1869.  Reforms in Christian personal law became evident through the enactment of the Indian Divorce (Amendment) Act 2001.