New Delhi: Despite 24 states supporting a proposal to halve the separation period for Christian couples seeking divorce by mutual consent, the bill for the purpose has missed its date with Parliament.
The bill to amend the 149-year-old Christian Marriage Act could not be introduced in the just-concluded Budget session of Parliament.
The government had informed Lok Sabha in May 2016 that it has decided to amend Section 10 A of the 1869 Act to reduce the minimum mandatory period of separation from two years to one year to bring parity with other personal laws. The move followed a Supreme Court ruling and demands by the community.
The Law Ministry's Legislative Department had sought the states' views on the issue as the amendment related to the personal law. Twenty four states and UTs had supported the proposal.
The separation period under Hindu Marriage Act, Parsi Marriage and Divorce Act and the Special Marriage Act is one year. Section 10A(1) of the Divorce Act, added through an amendment in 2001, says that a couple seeking divorce should be living separately for a period of two years or more.
Questioning the existing law, the Supreme Court had 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, a bench of justices Vikramjit Sen and A.M. Sapre had observed.
As of now, the law requires both husband and wife to be domiciled in India when the petition for dissolution of marriage is to be presented before a district court.
As the law stands today, a petition can be filed only where the marriage ceremony was held or where the couple had last resided together.
The bill to amend the 149-year-old Christian Marriage Act could not be introduced in the just-concluded Budget session of Parliament.
The government had informed Lok Sabha in May 2016 that it has decided to amend Section 10 A of the 1869 Act to reduce the minimum mandatory period of separation from two years to one year to bring parity with other personal laws. The move followed a Supreme Court ruling and demands by the community.
The Law Ministry's Legislative Department had sought the states' views on the issue as the amendment related to the personal law. Twenty four states and UTs had supported the proposal.
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The separation period under Hindu Marriage Act, Parsi Marriage and Divorce Act and the Special Marriage Act is one year. Section 10A(1) of the Divorce Act, added through an amendment in 2001, says that a couple seeking divorce should be living separately for a period of two years or more.
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Questioning the existing law, the Supreme Court had 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, a bench of justices Vikramjit Sen and A.M. Sapre had observed.
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As of now, the law requires both husband and wife to be domiciled in India when the petition for dissolution of marriage is to be presented before a district court.
Advertisement
As the law stands today, a petition can be filed only where the marriage ceremony was held or where the couple had last resided together.
Advertisement
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