India’s Christian Divorce Act questioned: The Church of England Newspaper, September 23, 2012 p 6. September 25, 2012Posted by geoconger in Church of England Newspaper, Church of South India.
Tags: divorce, Indian Divorce Act 1869
The Karnataka High Court has asked the Church of South India and the Roman Catholic Archbishop of Bangalore to respond to a challenge to the constitutionality of the Indian Divorce Act.
Section 10A of the Indian Divorce Act 1869 requires a two year separation before a decree of divorce is granted to Christian couples. Attorneys have challenged the two year rule, noting that the Hindu and Parsi Marriage Act have a one year separation rule. The Kerala High Court has already ruled the Act discriminates against Christians under Articles 14 and 21 of the country’s constitution.
On 14 Sept 2012 Chief Justice Vikramajit Sen declined to follow the Kerala decision, ruling the country’s principle Christian churches should be solicited for their views before a decision is made. “Divorce in haste makes a marriage waste,” the Chief Justice noted.
First printed in The Church of England Newspaper.