Updated By: LatestGKGS Desk
Supreme Court orders Church Court divorce finds illegal
Church Court Divorce illegal orders Supreme Court
Supreme Court regarded personal Church Court to be illegal stating thet personal Law cannot overwrite parliamentary legislation.
According to Supreme Court, the divorce from the Church Court is invalid and cannot replace the local provision.
The court stated that divorce under Christian personal law is invalid under Divorce Act.
The Supreme Court took the decision after a petition which was filed to prove valid divorce from the Church Court
The petitioner believed that in Catholics, Marriage and divorce are done on the basis of Church Court.
And due to this the Church Court must be recognised and if not then the Catholic community guilty of polygamy under Indian Penal Code.
The Supreme Court opposed the decision stating that Cannon Law, Indian Marriage Law,1872 and Divorce Act, 1972 may not be effective and in the wake of 1996 petition, the court rejected the petition.
