Section 13 (1) ( ib) of the Hindu Marriage Act, 1955 deals with desertion as a ground for divorce and the explanation of the same reads: "The expression "desertion" means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent of or against the . In Buddhism, there are no restrictions on divorce, unlike Hinduism. Paul taught there was no spiritual difference between marriage to a believer and marriage to an unbeliever i.e. Abuse of a spouse or a child is exactly what God condemns everywhere in the Bible—the . The doctrine of Divorce and Desertion is a difficult subject for many people. Related law is Divorce act, 1869 which solely regulates matter of christian marriage. There are two types of abandonment: 1. It actually means when a party to the . Handling divorce and desertion properly and the profound rejection that accompanies it according to God's Plan through correct Abandonment or desertion means that neither the husband nor the wife refuse the duties and obligations associated with the marriage. Abuse is much worse than abandonment, involving the use of something holy (marriage) for satanic ends. In this act there three modes to dissolve christian marriage. Hotchkiss, pioneer missionary to Kenya in 1895, called the divorce and remarriage process, even then infecting Christ's Church, " Dissolution of Marriage and Judicial separation (under the Indian Divorce Act, 1869), allows a Christian wife to file petition for a divorceeither in High Court or District Court on the grounds… o That her husband has exchanged his profession of Christianity and gone through a form of marriage with another woman. (iv) Apostasy - Incase either of the spouse converts himself/ herself into another religion, the other spouse may file a divorce case based on this ground. And Remarriage In The Light Of God's Word [Prepared under the auspices of the Conference of Presidents . Inasmuch as the marriage between an unbeliever and a believer is just as valid as any other marriage (vv. The Biblical principles pertaining to this all-to-common and devastating series of events in married lives are very important. 5:11-13) , so 1 Corinthians 7:15 applies and the believer is free to divorce without condemnation. The conceptualization of "desertion" is incorporated in the Explanation to section 13(1). In an absolute divorce, which permanently ends the marriage and frees the spouses for remarriage, desertion often allows the abandoned spouse to obtain a fault-based divorce. Many move ahead with their lives, acting as if nothing is wrong, tolerating the . Abandonment in marriage may occur frequently but is seldom discussed. The Explanation goes as follows: "In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without a reasonable rationale and without or against the wish of such party, Absence from the marriage in any way apart from the formality of divorce is not intended with the term desertion in this instance. We must remember the purpose of Paul's saying that the deserted Christian is not under bondage. If remarriage was not allowed for desertion by a believing spouse (vs. 10,11), why is it permitted for desertion by an unbelieving spouse (vs. 15)? A person who calls his or herself a believer but hard-heartedly abandons or abuses their spouse cannot be a believer (1 Cor. Or, of adultery couple with desertion without reasonable excuse for two years or upwards. Divorce Due to Desertion The church recognizes one other biblical ground for a legitimate divorce: willful desertion that cannot be remedied. The idea that abandonment is a possible justification for divorce comes from Paul's letter to the Corinthians ( 1 Corinthians 7:10-16 ). After establishing that Jesus' express teaching on the subject . When couples fall out of love emotions can run high; and love can quickly turn to hate. Inasmuch as the marriage between an unbeliever and a believer is just as valid as any other marriage (vv. Abandonment does not take place when a spouse moves out of a family home to create a temporary or permanent separation unless it also includes the refusal to provide any type of support. The idea that abandonment is a possible justification for divorce comes from Paul's letter to the Corinthians ( 1 Corinthians 7:10-16 ). If a spouse in a lawful marriage has been abandoned or deserted, the abandoned party to the marriage is to remain unmarried or be reconciled (1 Corinthians 7:11). But if the non-Christian spouse decides either to desert the marriage or to seek divorce, the Christian does not need to work to preserve the marriage. Dissolution of Christian Marriage: . I disagree with your arguments. Remedy for Abandonment or Desertion. If remarriage was not allowed for desertion by a believing spouse (vs. 10,11), why is it permitted for desertion by an unbelieving spouse (vs. 15)? Modes of Dissolution of Christian Marriages […] Divorce is allowed for desertion and abandonment and that includes abuse. The believer is free to grant a divorce or seek a divorce on the basis of "willful desertion"; and, having been granted that divorce, is free to remarry—but only to a fellow Christian. Solemnising marriage without due authority. brothers and sisters in the Christian congregation, society and government. If a spouse in a lawful marriage has been abandoned or deserted, the abandoned party to the marriage is to remain unmarried or be reconciled (1 Corinthians 7:11). 13 It should be noted that this is a very specific understanding of the action of desertion, namely, when an unbeliever chooses to formally divorce and leave the believing spouse. Given the way we were created, it is no wonder that one of the most excruciating pains we can feel is abandonment in marriage. Dissolution of Buddhist Marriage: The Buddhist view of marriage considers marriage to be a secular affair and does not consider it to be a sacrament. From the positive standpoint, our Lord was separate (CHORIZO) from sinners. We must remember the purpose of Paul's saying that the deserted Christian is not under bondage. A Study of Marriage, Divorce, Malicious Desertion . Saving of marriages solemnised under special licence. In some fault-based divorce states, this is known as "willful desertion" and can be cited as a specific ground for divorce. Or, of adultery couple with desertion without reasonable excuse for two years or upwards. This is desertion in the soul where the person wants absolutely nothing to do in any way with the Christian marriage or Christian family. 12-14), the truth taught in verse 11 applies to it as well as to other marriages. 33 In other words, the theology of a marriage covenant as explained above may allow for the believer to actively divorce an unbeliever who has broken the marriage covenant, but this is not the same as a believer fulfilling the command of passively allowing . Christian reformed church divorce and remarriage. Paul taught there was no spiritual difference between marriage to a believer and marriage to an unbeliever i.e. 102 CHRISTIAN MARRIAGE AND DIVORCE ACT, 1957 64. Tales of husbands or wives coming home to empty houses to discover the furnishings gone and the bank account wiped out are common. Some states have laws saying that if one spouse has moved out, it demonstrates an irretrievable breakdown of the marriage, sufficient for a divorce. The sudden ending to the marriage is a shock to everyone, except for the person leaving, who has been planning his exit for months if not years. Divorce is allowed for desertion and abandonment and that includes abuse. The suit for dissolution of christian marriage can be brought by either husband or wife. Desertion as Grounds for Divorce & Related Consequences Actual desertion and constructive desertion serve as grounds for divorce in Maryland. Christian marriage: filling divorce after 10 years -need expert advice. Couples in crisis might resort to drastic measures to end bad relationships; some may even desert a husband or wife in an attempt to escape more conflict or start anew in another place or with another person. my husband and I separated 10 years ago living separately, married thru Christian marriage. In order to preserve the dike, the hole must be sealed. 67. The procedure to dissolve Christian marriage is different from Muslim Marriage. What happens if a Christian college or seminary is required by law to allow same-sex dating on campus? (iii) Desertion - If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion. Spouses who abandon their marriage share some common traits: Last Updated on 2 years by Admin LB Introduction Section 13 of the Hindu Marriage Act 1955 deals with the various grounds of divorce. I feel like we're a million miles apart." "I don't know if I . the marriage covenant to further define the action of desertion by an unbelieving spouse. . 37 However, if the new believer is guilty of pre-conversion adultery or desertion, and the abandoned spouse is still unmarried and desires reconciliation, it is necessary for conversion to lead to reconciliation of that marriage. Abandonment in marriage is a silent killer. Solemnising marriage out of proper time, or without witness. o Has We must remember the purpose of Paul's saying that the deserted Christian is not under bondage. Christian leaders like Dr. Albert Mohler, Russell Moore, and others, and even former U.S. Supreme Court Justice Anthony Scalia have suggested the possible threat to religious liberty posed by the SCOTUS' decision on same-sex marriage. 65. Emotional Abandonment. The conceptualization of "desertion" is incorporated in the Explanation to section 13(1). Desertion as a Ground for Divorce - Explanation with Relevant Case Laws. The Explanation goes as follows: "In this sub-section, the expression "desertion" means the desertion of the petitioner by the other party to the marriage without a reasonable rationale and without or against the wish of such party, It's a complaint I hear regularly from people looking for help for their marriages: "I feel distant from my spouse." "I try to get my husband to open up, but instead he just shuts down." "My wife just doesn't seem interested in me anymore. 1)What are the new legal grounds added in the laws regarding divorce. It makes no sense. I disagree with your arguments. Inasmuch as the marriage between an unbeliever and a believer is just as valid as any other marriage (vv. 12-14), the truth taught in verse 11 applies to it as well as to other marriages. Halsbury's Laws of India defines desertion as a 'total repudiation of the obligation of marriage'. Remarriage is also possible where divorce has occurred before Christian conversion. This is a sound interpretation because CHORIZO is used for both physical and mental desertion or separation. Therefore, if possible, a . Definitive biblical reasons to divorce for abandonment are clearly stated in I Corinthians, verse 15: if an unbelieving spouse cannot abide in the marriage, the Bible gives a Christian husband or wife the right to file for divorce, releasing them from the bonds of holy matrimony to pursue a life of peace and contentment in Christ. Remedy for Abandonment or Desertion. Jesus did not speak of this ground for divorces, but His apostle, Paul of Tarsus, did, in 1 Corinthians 7. The marriage bond, therefore, is not broken by desertion. Needless to say, the person being suddenly left is thrown into a position of questioning everything she thought she knew about her husband. Solemnising, without notice, or within fourteen days after notice, marriage with minor. The marriage bond, therefore, is not broken by desertion. Desertion in any form is cruel, but abandonment in marriage is especially hurtful. David Clyde Jones also sees this as the reason, for, in explaining why adultery and desertion are the two grounds for divorce given in Matthew 19:9 and 1 Corinthians 7:15, he writes, "The exceptional circumstance common to both instances is willful and radical violation of the marriage covenant" in Biblical Christian Ethics (Baker, 1994), 202. So it is with marriage. Definitive biblical reasons to divorce for abandonment are clearly stated in I Corinthians, verse 15: if an unbelieving spouse cannot abide in the marriage, the Bible gives a Christian husband or wife the right to file for divorce, releasing them from the bonds of holy matrimony to pursue a life of peace and contentment in Christ. Joined together physically and spiritually, drifting apart feels terrible. Jesus' view of the permanence of marriage is made clear in Matthew 5:31-32, where He says that the only possible justification is adultery. in neither case should the believer be the one to initiate divorce. 12-14), the truth taught in verse 11 applies to it as well as to other marriages. In Buddhism, there are no restrictions on divorce, unlike Hinduism. Many sufferers don't complain about the problem until it is too late. After establishing that Jesus' express teaching on the subject . In an absolute divorce, which permanently ends the marriage and frees the spouses for remarriage, desertion often allows the abandoned spouse to obtain a fault-based divorce. 5:11-13) , so 1 Corinthians 7:15 applies and the believer is free to divorce without condemnation. So it is with marriage. 66. God ends the one-flesh relationship of marriage only through the death of one of the spouses (Romans 7:1-3; 1 Corinthians 7:39), The grace and power of God are promised and sufficient to enable a trusting, divorced Christian to be single all this earthly life if necessary (Matthew 19:10-12,26; 1 Corinthians 10:13), Issuing certificate, or marrying The marriage bond, therefore, is not broken by desertion. A person who calls his or herself a believer but hard-heartedly abandons or abuses their spouse cannot be a believer (1 Cor. We were created to be in relationship, and marriage is one of the highest means by which God has ordained the meeting of our relationship needs. in neither case should the believer be the one to initiate divorce. [3] In a marriage, if one spouse leaves the matrimonial alliance without any sufficient cause he is said to be at 'fault'. The purpose of this article is to review the Pauline privilege in 1 Corinthians 7:15, examine the marriage covenant by means of brief survey of the Old Testament, and explore whether or not a theology of the marriage covenant allows for further definition of desertion in 1 Corinthians 7:15. Jesus' view of the permanence of marriage is made clear in Matthew 5:31-32, where He says that the only possible justification is adultery. The ramifications of desertion may be devastating on the husband or wife who is left behind. Desertion as Grounds for Divorce & Related Consequences Actual desertion and constructive desertion serve as grounds for divorce in Maryland. (iii) Desertion - If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion. like mental illness, desertion, etc. Concept and elements of desertion. It makes no sense. 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