In your case , at the time of marriage in the church, the couple has to sign a register. This step automatically registers the marriage under the Christian Marriage Act. This register acts as the recognition of the marriage under the civil law. The procedure for Catholic divorce, however, is dual. First the couple has to seek an annulment from a church tribunal. Then the couple has to repeat the procedure in a court of law.
Life has an unexpected experience occurred in any time. Childrens are fragile, handle them with care. Child custody is most-sought after aspect of divorce, with each parent trying at their wits end to gain legal guardianship of their child. If divorce is inevitable, bitter battles cannot be the option to settle issues of child custody and access.
You can seek relief’s including protection orders, residence orders(Right to stay in matrimonial home),monetary reliefs,custody orders, and/or compensation orders under DV Act.The primary aim of the Protection of Women from Domestic Violence Act, 2005 is to provide protection to the wife or female live-in partner from domestic violence at the hands of the husband or male live-in partner or his relatives.
Grounds for decree of divorce :-
- That the respondent was impotent at the time of marriage and institution of the suit;
- That the parties are within the prohibited degree of consanguinity or affinity;
- That either party was a lunatic or idiot at the time or marriage.
- That the former husband or wife of either party was living at the time of marriage and the said marriage was then in force.
- Nothing shall affect the jurisdiction of the High court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.
Under Section 10, the wife can seek the marriage be dissolved on the ground-
- that her husband exchanged professing Christianity and gone through a form of marriage with another woman;
- incestuous adultery;
- bigamy with adultery;
- marriage with another woman with adultery;
- rape, sodomy or bestiality;
- adultery coupled with cruelty and
- adultery coupled with desertion without reasonable cause for two years or more.