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As you can see in the preliminary of this (Indian) Divorce Act of 1869 here, it talks about the extent of Act in point 2 of preliminary. I understand that according to that point, the Court can grant any relief as per this act only if at least one of petitioner/respondent is Christian. However, does it also require one of them to be Christian, for the Court to have the power to make decrees of dissolution using this Act?

So in short, is this entire act applicable only to Christians, or it can be used by people of other religion as well?

A specific question is, suppose a Muslim husband in India is deserted by his Muslim wife for more than 2 years, can he use the section 10 of The Divorce Act 1869 to apply for divorce? If he can't use this Act, is there any other Law/Act in India that he can use in this situation?

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  • I am fairly certain that the answer is that this Act cannot be used to grant a divorce involving two non-Christian parties, but do not have the legal resources available to provide full and reliable legal authorities to support my answer. The highlighted language seems to support this view. The grant of "relief" includes a decree of divorce. – ohwilleke Aug 19 at 0:09

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