All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

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11.

Indian Christians can obtain divorce under which of the following enactments?

A: Special Marriage Act, 1954
B: Christian Marriage Act, 1872
C: Indian Divorce Act, 1869
D: Special Marriage Act, 1872

The answer is: C

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Explanation

The correct option is C: Indian Divorce Act, 1869.

This is the main law that governs divorce for Christians in India. It provides various grounds for divorce, such as adultery, cruelty, desertion, conversion, mental disorder, and venereal disease. The Christian Marriage Act, 1872, on the other hand, deals with the solemnization and registration of Christian marriages, not their dissolution. The Special Marriage Act, 1954, applies to inter-faith or inter-caste marriages, not to marriages within the same religious community. The Special Marriage Act, 1872, was repealed by the Special Marriage Act, 1954, and is no longer in force. Therefore, the only valid enactment for Christian divorce in India is the Indian Divorce Act, 1869.