SC rejects plea for legalising divorce given by church

R Sedhuraman

Legal Correspondent

New Delhi, January 19

The Supreme Court today dismissed a PIL seeking legal sanction to divorces granted to Catholic Christians by Church-run Canonical Courts without subjecting them to go through the procedure under the Christian Marriage Act 1872.

A Bench said the petition was devoid of merit as Additional Solicitor General SK Kaul pleaded that the apex court had already ruled that only family courts and regular appellate courts had the jurisdiction to issue decrees in such matters.

The petitioner, 87-year-old Clarence Pais, had pleaded that the Christian Marriage Act allowed solemnisation of marriages under the Canon Law, but did not recognise divorces granted by churches. However, Muslim men were being allowed divorce by saying ‘talaq’ thrice. Pais had filed the PIL in 2013 on which the apex court had sought the Centre’s views.

Another petition pleading for “separate and distinct” laws for Sikhs in the matter of divorce, maintenance, succession and adoption is pending in the apex court.