Download Bare Act of The Converts’ Marriage Dissolution Act, 1866 (PDF version)

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Introduction

The Converts’ Marriage Dissolution Act, 1866 is a very old but still-alive law. British rulers made it in 1866 specially for Indian Christians. If one spouse leaves Christianity and joins another religion (Hindu, Muslim, Sikh, etc.), the other spouse who remains Christian can ask for divorce easily. This law is still fully in force in 2025. Courts use it regularly, especially in Kerala, Tamil Nadu, Punjab and Goa where many conversion cases happen.

Scope & Objective

  • Scope: Whole of India (including Jammu & Kashmir after 2019 changes).

  • Who can use it: Only Native Indian Christians (not foreign Christians).

  • Main Objective: – Protect the Christian spouse when the husband or wife converts and refuses to live together. – Give quick divorce instead of long fights under normal divorce laws. – Stop forced conversion or pressure on the Christian partner.

Key Definitions – Explained with Real-Life Examples

The Act uses a few important words. Here is what they really mean:

  • Native Indian Convert: A person born in India as Christian (or whose parents/grandparents were Christian) and who later changes religion. Example: John was born in a Syrian Christian family in Kerala. In 2023 he became Muslim and took the name Jamal. He is a “Native Indian Convert”.

  • Desertion because of conversion: The converted spouse leaves or refuses to live with the Christian spouse only because of the change of religion. Example: After Jamal became Muslim, he told his wife Maria, “I cannot live with a Christian woman anymore.” This is desertion because of conversion.

  • Wilful refusal to consummate: The converted spouse refuses physical relationship after conversion. Example: Jamal refused to sleep in the same room with Maria after becoming Muslim. This counts under the Act.

Applicability of the Law – Who Can Use It?

You can file a case under this Act only if ALL these points are true:

  • The marriage was done under Christian law (or civil) law before the conversion.

  • One spouse was Christian at the time of marriage.

  • One spouse has now left Christianity and joined another religion.

  • The converted spouse has deserted or refused to live with the Christian spouse for at least 6 continuous months.

  • Both husband and wife are “Native Indians” (born in undivided India or descendants).

  • The Christian spouse still follows Christianity.

If even one point is missing, you have to use the normal Indian Divorce Act, 1869 instead.

Important Provisions – Step-by-Step Explanation

The Act has only 8 short sections. Here is what each important part says in simple words:

  1. Section 1 & 2 – Name and area The law applies to whole India.

  2. Section 3 – Definitions Explains “Native Indian Convert” and other terms (see above).

  3. Section 4 – Main Ground for Divorce If your spouse converts and deserts you (or refuses physical relation) for 6 months or more, you can file for dissolution of marriage.

  4. Section 5 & 6 – Notice Period The Christian spouse must first send a registered legal notice to the converted spouse asking to come back and live together. If the converted spouse does not return within 6 months of receiving the notice, the court can dissolve the marriage.

    Real Example: Maria sent a lawyer notice to Jamal in January 2024 asking him to return. Jamal ignored it. In August 2024 (after 6 months), Maria filed the case in Kochi Family Court. Court dissolved marriage in 2025.

  5. Section 7 – No need to prove cruelty or adultery You do NOT have to prove cruelty, cheating, or any other fault. Just prove conversion + desertion/refusal for 6 months.

  6. Section 8 – Court can order maintenance The court can ask the converted spouse to pay monthly maintenance to the Christian spouse and children.

  7. Section 9–11 – Procedure Case is filed in District Court or High Court. Rules of Indian Divorce Act apply for evidence and appeals.

  8. Latest Court Rulings (2024–2025)

    • Kerala High Court (2024): Even if the converted spouse says “I still love you” but refuses to live because of religion, it counts as desertion.

    • Punjab & Haryana High Court (2025): Conversion to Sikhism or Hinduism also covered – not only Islam alone.

    • Supreme Court (2023): Notice must be properly served; WhatsApp notice alone is not enough.

Final Advice in 2025

This 1866 law is still very powerful and fast for Indian Christians facing conversion-related desertion. Cases usually finish in 12–18 months. Always send the 6-month legal notice first through a lawyer. Keep proof of conversion (baptism cancellation certificate, affidavit, mosque/church record). For latest forms and fees, check your state High Court website or consult a Christian family lawyer.

Stay informed, stay protected!

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