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Unit  26:  Family Problems: Violence in Families, Desertion and Divorce





                  26.5  Divorce among Christians                                                      Notes
                  The christian religion does not allow divorce. Divorce cannot be declared in any church. The
                  roman catholic church is totally against divorce while the Protestants support it in special cir-
                  cumstances. Divorce cannot be obtained in any church. The divorced man and woman too, can’t
                  remarry there. After the completion of one year of the first spouse’s demise the court allows re-
                  marriage. In case a party falls in the prohibited relations category or is mentally challenged, or
                  tortures the other party the Church allows them to separate. Amongst christians, mutual love is
                  given more importance than child bearing. Infertility is also the basis of divorce.
                  Jesus Christ says about divorce, “Those two will become one body, so they are not two but
                  one  body.  Thus,  whom  God  has  united,  man  should  not  separate.”  He  says,  “Any  person
                  who divorces his wife on any grounds, except immorality, and marries another woman, acts
                  immorally and the one who marries a deserted women, acts immorally. It is evident that in
                  Christianity, divorce is not acceptable from the religious viewpoint.
                  This does not mean that divorces are not found amongst Christians compared to other religions,
                  more divorces date place. Practically, if any hurdle occurs in their mutual love, they do not hesi-
                  tate to divorce. Since many Hindus converted to Christianity, so the effect of the Hindu attitude
                  is still prevalent and the divorce rate is less than the Christians of other Western countries.





                             Discuss in brief the reasons which cause divorce.



                  26.6  The Indian Divorce Act, 1869
                  This act allows Christians, the right to divorce. According to Section 10 of this Act, a husband
                  can apply in the court for divorce, in case the wife is immoral. The wife can seek divorce on any
                  one basis of the following:
                   1.  The husband converts to another religion and marries another woman.
                   2.  The husband has sexual relations with a woman, who falls in the prohibited relations category.
                   3.  The husband has sexual relations with a woman and has married her.
                   4.  The husband is accused of rape, sodomy or ballistically.
                   5.  The husband has illicit relations with another woman and has deserted his wife since two
                     years.
                   6.  The husband practises polygamy and is immoral.
                   7.  Treats wife cruelly.
                  According to section 19 of this Act, in the following conditions, a Christian Marriage may be
                  dissolved:
                   1.  At the time of marriage, one of the parties is impotent.
                   2.  The husband-wife fall in the prohibition relations category.
                   3.  One of the parties is insane at the time of marriage.
                   4.  Either of their first husband or wife is alive.
                  To declare the marriage illegal, there should should be an order from the high court. If, for mar-
                  riage, a party’s approval, has been sought through treacherous means, then the High court can
                  declare, such a marriage illegal.
                  According to Section 22, Judicial Separation can be sought on the basis of torture, immorality
                  or desertion.

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