New Delhi: Christian personal law cannot override the Indian Christian Marriage Act, 1872 and the Divorce Act, 1869, the Supreme Court held on Thursday while dismissing a PIL seeking a declaration that divorce granted by churches under Canon law be declared valid.
The public interest writ petition, filed in 2013, sought a declaration that Canon Law was the personal law of Indian Christians and that decree of dissolution of marriage granted by the ecclesiastical courts are valid and binding. The petitioner Clarence Pais, a former president of the Catholic Association of Dakshina Kannada, said that when the Court in India recognises dissolution of marriage (by pronouncing the word Talaq three times) under Mohammedan Law — which is personal Law of the Muslims — courts should also recognise for the purpose of divorce, Canon Law as the Personal Law of the Indian Catholics. This was, opposed by the Centre, which quoting an earlier judgment said personal laws cannot override laws enacted by legislature for seeking divorce. Accepting the Centre’s submission, Chief Justice J.S. Khehar and Justice D.Y. Chandrachud cited the 1996 judgment and said when legislature enacts a law even in respect of the personal law of a group of persons following a religion, then such statutory provisions shall prevail and override any personal law or custom prevailing before coming into force of such Act.
