I/II. http://timesofindia.indiatimes.com/india/SC-Different-divorce-law-for-Christians-unreasonable/articleshow/46994297.cms
SC: Different divorce law for Christians unreasonable TNN | Apr 21, 2015, 02.23 AM IST NEW DELHI: The Supreme Court on Monday questioned why a Christian couple has to live separately for two years to seek divorce by mutual consent when the period is just one year for couples from other communities. A bench of Justices Vikramajit Sen and A M Sapre said different criteria for Christian couple "does not make sense" and agreed to examine the validity of a 146-year-old provision which states that divorce cannot be granted to a Christian couple by mutual consent if they were not living separately for at least two years. RO: 'Supreme Court's verdict for Muslim women -- and against misogEAD ALSyny' The bench sought response from the Centre on a PIL seeking quashing of Section 10 A(1) of the Divorce Act, 1869 which governs the law of divorce between the members of Christian community. Advocate Rajeev Sharma, appearing for petitioner Albert Anthony, told the bench that Kerala high court read down the provision by reducing the time period to one year but Karnataka HC gave a divergent opinion. The bench then questioned the Centre for not taking remedial steps in view of divergent opinions among the high courts and posted the case after two weeks to decide the issue. READ ALSO: Polygamy not integral part of Islam: SC Anthony in his petition said the two years separation period for Christians while specifying a separation period of one year for others is unjustified. "Provisions for divorce by mutual consent in other statutes such as Section 28 of The Special Marriage Act, 1954, Section 13-B of The Hindu Marriage Act, 1955, and Section 32 B of The Parsi Marriage and Divorce Act, 1936 require and prescribe statutory period of separation as one year. Consequently, it acts as oppression to the members of Christian community intending to seek divorce by mutual consent," the petition said. The petitioner pleaded the court to declare the portion of Section 10 A (1) of the Divorce Act, 2001 that prescribed two years as the separation period for filing a petition for divorce by mutual consent as discriminatory and unconstitutional and read down the minimum mandatory period of separation from a period of two years to one year. "Only on the basis of religion there exists a hostile discrimination as only the Christians, who are governed by the provisions 10 A (1) of the Divorce Act, require to observe separation for a period of two years before applying for divorce by mutual consent. However, members of other communities are required to observe separation for a period of one year only before applying for divorce by mutual consent under similar provisions in other statutes," it said. "A specification that prescribes different separation periods for different communities to obtain safe relief is wholly discriminatory, arbitrary and unsustainable. It is violative of the fundamental rights of people seeking relief of divorce by mutual consent under the Divorce Act," the petition said. II. http://indianexpress.com/article/india/india-others/allow-christians-to-divorce-after-1-year-separation-supreme-court/ NATION TUESDAY, APR 21, 2015 Allow Christians to divorce after 1-year separation: Supreme Court The plea pointed out that while members of communities like Hindus and Parsis can file for divorce after living separately for a year, the separation period for Christians was two years. New Delhi | Published on:April 21, 2015 4:05 am Questioning the existing law which prescribes that Christian couples have to be separated for at least two years before filing for divorce by mutual consent while the corresponding period for other communities is only one year, the Supreme Court on Monday urged the Centre to make necessary amendments. "Should Christians stay separated for minimum two years when the period prescribed for others is one year? It does not make sense to us. It is a pure question of law and you (government) should have acted on your own," said a bench of Justices Vikramjit Sen and A M Sapre. Christians file for divorce under Section 10 A (1) of the Divorce Act, which lays down that a petition for dissolution of marriage by mutual consent can be presented before a court only after a judicial separation of two years. However, the provision for divorce by mutual consent in other statutes such as Section 28 of The Special Marriage Act, 1954, Section 13-B of The Hindu Marriage Act, 1955, and Section 32 B of The Parsi Marriage and Divorce Act, 1936, prescribe the statutory period of separation as one year. The bench told the counsel for the government that some high courts had held this law for Christians as violating Articles 14 (right to equality) and 21 (right to life and liberty) of the Constitution. "Many high courts have struck down this provision or read it down to put it at par with other religions. They have said one year is good for them (Christians) as well. Why did government not take remedial action after these orders were passed? Somebody should have taken note of this," it said. The bench was hearing a petition filed by a Delhi-based Christian, Albert Anthony. The plea pointed out that while members of communities like Hindus and Parsis can file for divorce after living separately for a year, the separation period for Christians was two years. The petition said this amounted to "hostile discrimination" and reflected a bias against Christian community. -- Peace Is Doable -- You received this message because you are subscribed to the Google Groups "Green Youth Movement" group. To unsubscribe from this group and stop receiving emails from it, send an email to [email protected]. To post to this group, send an email to [email protected]. Visit this group at http://groups.google.com/group/greenyouth. For more options, visit https://groups.google.com/d/optout.
