Marriage law
I am asking this question based on the Indian marriage and divorce Laws?
I am a christian. My marriage was a religious marriage performed in a Christian Church in India. Subsequently I got a legal divorce by mutual consent. Now I am a legally divorced person. However I am yet to get a divorce from the Church court. I may not get a divorce from the Church Court since the reasons given for the divorce are not acceptable under the Canan Laws. But I want to remarry nd settle in life. I wish to enter into a registered marriage under the Special Marriages Act. Please inform me the legal implications of such a marriage especially with regard to the property matters. I wish to know whether my ex wife can claim anything from my Estate since the divorce decree from the Church is yet to be passed? It may please be noted that her monetary claims have been duly settled at the time of filing a joint petition for divorce. Please let me know who will be eligible for the superannuation benefits from my employer in the event of my death? I wish to nominate the person I am going to marry shortly as my legal heir? Please advise me a better course of action.
By  vasudha pasricha  |  09 Jun 2016  |  Upvotes: 0  | 

1 Answer(s)

Tanushree Sharma

The Indian Divorce Act, 1869 enacted in 26.2.1869 remained a big headache both for the Indian Christians as well legal luminaries to amicably dissolve a dead marriage in a decent manner, but just because of the Religious head of various Sects of Christian in India, their protest & preventing necessary amendments in this more then century old enactment. It was the brave step taken by my senior in the legal profession Sh. Arun Jaitley then Minister of Law in the NDA government brought about the Indian Divorce (Amdt.) Act,2001 w.e.f.3-10-2001 & Marriage Laws(Amdt.),2001,w.e.f.24-9-2001 where a drastic amendment were made in this Act which provided not only various grounds for unilateral form of divorce by either of the parties married according to the Christian form of marriage but even provide for divorce by mutual consent, in other words this Divorce Act, applicable to people married under the Christian Marriage Act,1872 in India now were equated with people married under the Hindu Marriage Act,1955 or the Special Marriage Act,1955 for matters relating to dissolution of marriage. It was because of this amendment in the Divorce Act you were able to obtain divorce by mutual consent from your Christian wife if this amendment was not there you would still be tied with her or would be searching other ways out to get the marriage dissolved legally or illegally. 

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