New Delhi: Christian personal law cannot override the Indian Christian Marriage Act, 1872 and Divorce Act, 1869, the Supreme Court held on Thursday and dismissed 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 the Canon Law was the personal law of Indian Christians and that decree of dissolution of marriage granted by ecclesiastical courts are valid and binding.
The petitioner, Clarence Pais, former president of Catholic Association of Dakshina Kannada, said when the Court in India recognise dissolution of marriage (by pronouncing the word Talaq three times) under Mohammedan Law which is Personal Law of the Muslims, the courts in India should also recognise for the purpose of dissolution of marriage Canon Law as the Personal Law of the Indian Catholics. This was, however, 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, a bench of Chief Justice J.S. Khehar and Justice D.Y. Chandrachud cited the 1996 judgment and said that when legislature enacts a law even in respect of the personal law of a group of persons following a particular religion, then such statutory provisions shall prevail and override any personal law, usage or custom prevailing before coming into force of such Act.
Rejecting the petitioner’s submission equating Christian personal law with Triple Talaq of Muslims, the bench said in view of the provisions as contained in Christian Marriage Act and the Divorce Act, it is clear that the jurisdiction of ecclesiastical court is excluded in the matter of divorce.
According to the 84-year old petitioner, Clarence Pais, former president of Catholic Association of Dakshina Kannada, the petition was filed as the issue affected over one crore citizens of India “who are Indian Christians/Catholics governed by the Code of Canon Law.”
