Christian Family Law in India: Maintenance & Legitimacy of Children

INTRODUCTION

Christian Family Law in India is primarily governed by the Indian Divorce Act of 1869, along with subsequent amendments, notably in 2001. This legal framework addresses various aspects of marital relationships, particularly focusing on maintenance, legitimacy of children, and the dissolution of marriages. Under this Act, specific provisions ensure the financial security of spouses, particularly wives, during and after the divorce process. Maintenance is a crucial aspect, as it provides for the welfare of the dependent spouse while legal proceedings unfold.

Furthermore, the Act delineates the legitimacy of children born out of marriages that may be classified as void or voidable. This distinction is significant, as it influences inheritance rights and social status. The complexities surrounding these legal provisions highlight the need for a nuanced understanding of Christian Family Law, especially in a rapidly evolving societal context. The following discussion elaborates on maintenance provisions and the legitimacy of children under the Indian Divorce Act, reflecting both the historical context and contemporary relevance of these legal frameworks.

MAINTENANCE UNDER CHISTIAN FAMILY LAW

Provisions for maintenance under the Christian Family Law are contained in the Indian Divorce Act, 1869 as amended in 2001. The relevant sections are:

1. Section 36 – Alimony Pendente Lite

   – In any suit under this Act, whether it be instituted by a husband or a wife, and whether or not she has obtained an order of protection, [the wife may present a petition for expenses of the proceedings and alimony pending the suit]. Such petition shall be served on the husband, and the court on being satisfied of the truth of the statements therein contained, may make such order on the husband [for the payment to the wife of expenses of the proceedings and alimony pending the suit] as it may deem just. Provided that the petition for the expenses of the proceedings and alimony pending the suit shall, as far as possible, be disposed of within sixty days of service of such petition on the husband.

2. Section 37 – Power to order permanent alimony

   – Where a decree of dissolution of the marriage or a decree of judicial separation is obtained by the wife, the District Court may order that the husband shall, to the satisfaction of the court, secure to the wife such gross sum of money, or such annual sum of money for any term not exceeding her own life, as having regard to her fortune, to the ability of the husband, and to the conduct of the parties, it thinks reasonable, and for that purpose may cause a proper instrument to be executed by all necessary parties.

• Section 38 – Court may direct payment of alimony to wife or to her trustees

  – In all cases in which the Court makes any decree or order for alimony it may direct the same to be paid either to the wife herself or to any trustee on her behalf to be approved by the Court and may impose any terms or restrictions which to the Court seem expedient and may from time to time appoint a new trustee if it appears to the Court expedient to do so.

LEGITIMACY OF CHILDREN UNDER CHRISTIAN FAMILY LAW

The conditions of a void marriage are laid down under all personal law statutes. While breach of some conditions is considered more serious and the marriage is rendered void, non-compliance of others renders a marriage voidable only. The basic distinction between the void and voidable marriage is that while in the former there is no legal status conferred on the parties and the marriage is void ab initio, right from inception, in the latter all rights and obligations of matrimony subsist until the marriage is annulled by the Court.

Besides, a void marriage may be declared a nullity at the instance of either party, but in case of voidable marriage, the decree of annulment can be made by the Court at the instance of the aggrieved party.

Under the Indian Divorce Act, 1869, children of marriages annulled on ground of bigamy contracted in good faith and with full belief of the parties that the former spouse was dead, or on the ground of insanity, are entitled to succeed in the same manner as legitimate children, to the estate of the parent who, at the time of the marriage was competent to contract. Thus, if the father is incompetent to enter into a marriage because of insanity or because of his former wife being alive at the time, then the children will succeed only to the mother and not to the father.

This is a very unfair and illogical provision. It does not confer status of legitimacy, but only a concession under certain situations, to succeed to the estate of the parent who is competent to contract the marriage.

Legal Status of Children from Void Marriages Under the Indian Divorce Act, 1869

It is pertinent to note that children born of a marriage which is void for reasons other than the two mentioned hereinabove, have no legal status at al. Thus, children born of a marriage within prohibited degrees of consanguinity or affinity, or of a marriage where the husband is impotent, are not covered by Section 21 of the Indian Divorce Act, 1869, and therefore do not enjoy status of even partial legitimacy like children of bigamous marriage or a marriage which is void for reasons of insanity. Even the amendment of the Act in 2001 has not made any change in the original provision.

CONCLUSION

Christian Family Law in India, particularly through the lens of the Indian Divorce Act of 1869, presents a structured yet complex approach to issues surrounding maintenance and legitimacy. The provisions for alimony and maintenance underscore the importance of financial support during divorce proceedings, ensuring that dependent spouses are not left destitute. However, the limitations regarding the legitimacy of children from void marriages expose gaps in the legal framework that can lead to inequitable outcomes.

Despite the amendments made in 2001, the Act still reflects a blend of traditional values and contemporary legal challenges. As societal norms continue to evolve, there is a pressing need for further reforms in Christian Family Law to enhance fairness and justice for all parties involved, particularly for children whose status is intricately tied to the nuances of marriage validity. Addressing these issues will not only align legal provisions with modern societal expectations but also uphold the dignity and rights of individuals within the Christian community in India.