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Judicial separation and divorce under Christian Law

Meaning of judicial separation

Judicial separation is a court order under the Divorce Act, 1869 (as amended in Bangladesh) that allows husband and wife to live apart without dissolving the marriage. It is not divorce but a suspension of marital duties. The marriage bond remains, so neither party can remarry.

 

Grounds for judicial separation

Section 22 of the Divorce Act allows judicial separation on the following grounds:

1. Adultery If the respondent has committed adultery.

2. Cruelty If the respondent has treated the petitioner with cruelty.

3. Desertion If the respondent has deserted the petitioner for at least two years without reasonable cause.

Effects of Judicial Separation

1.      Parties can live separately.

2.      No duty to cohabit.

3.      Marriage is not dissolved; remarriage is not allowed.

4.      Court can order maintenance/alimony.

5.      Either party can later apply for divorce if separation continues.

Meaning of divorce

Divorce is the complete dissolution of marriage under the Divorce Act, 1869. After divorce, parties are free to remarry. It is fault-based and available to both husband and wife.

Grounds for divorce

Section 10 provides grounds for divorce:

1. Adultery

Respondent has committed adultery.

2. Cruelty

Respondent has treated petitioner with cruelty.

3. Desertion

Respondent has deserted petitioner for at least two years.

4. Conversion

Respondent has converted to another religion (e.g., from Christianity).

5. Unsound mind

Respondent has been incurably insane for at least two years.

6. Venereal disease

Respondent has suffered from communicable venereal disease for at least two years.

7. Refusal to consummate

Spouse has wilfully refused to consummate the marriage.

8. Not heard of for seven years

Respondent has not been heard of as alive for seven years.

 

Additional grounds available only to wife (Section 10)

1. Husband guilty of rape, sodomy or bestiality after marriage.

2. Husband committed adultery along with cruelty or desertion.

Procedure for divorce

1. Petition filed in District Court.

2. Court tries to reconcile the parties.

3. If no reconciliation, decree nisi is passed first.

4. After six months, if no cohabitation, decree absolute is granted (marriage dissolved)

Conclusion

Under Christian Law in Bangladesh, judicial separation allows separation without ending the marriage and is available on grounds of adultery, cruelty or desertion. Divorce fully dissolves the marriage on wider grounds including adultery, cruelty, desertion and others. The Divorce Act, 1869 (as amended) promotes reconciliation but provides relief when marriage has broken down, while protecting the sanctity of marriage.