Divorce -- Christian Marriage -- Indian Christian Marriage Act, 1872 not governing dissolution; Divorce Act, 1869 applicable
(i) Divorce Act, 1869 -- Divorce -- Christian Marriage -- Indian Christian Marriage Act, 1872, does not govern dissolution of marriage between Christian couples -- Divorce Act, 1869, is the applicable statute for such dissolution -- Dismissal of a divorce petition without verifying the applicable statute is unsustainable. (ii) Divorce Act, 1869, S.37 -- Permanent Alimony -- Dispute Regarding Husband’s Assets and Income -- Where there is a substantial dispute between the parties regarding the husband’s assets and income, the Court can appoint a Special Officer to ascertain the extent of his property while determining the wife’s entitlement to permanent alimony. (iii) Divorce Act, 1869, S.37 -- Permanent Alimony -- Husband Found Owner of Substantial Undisclosed Property -- Quantum of permanent alimony is to be fixed having regard to the wife’s stated monthly expenditure and the husband’s actual financial position, including property disclosed through independent ascertainment and not merely his declared income.
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