Lawstreet Journal

Kerala High Court: The Need for Secular Marriage and Divorce Law

Lawstreet Journal 9 Aug 2021 4:34pm

Image courtesy: Lawstreet Journal Judiciary Kerala High Court: The Need for Secular Marriage and Divorce Law

In a matrimonial petition assessing the legitimacy of marital rape as a reason for divorce, the Kerala High Court stated that marriage and divorce should be regulated under secular law.

Upon disposing the appeal, a Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath made the following observations: Persons are allowed to perform their marriages according to personal law, but they cannot be exempted from secular law's need of solemnization. The need of the times is for marriage and divorce to be governed by secular law. It is past time for our country's marriage laws to be updated.

The Court made the suggestion while issuing a landmark judgement confirming marital rape as a valid reason for divorce.

After analyzing the legal ramifications of filing a divorce in the country, the Bench stated that the law should protect the spouse who wishes to dissolve the legal partnership with his or her partner from any losses incurred during the relationship or as a result of the separation.

Dissolubility of matrimony can result in a slew of disadvantages for a partner. Whereas the law permits a person to act on his or her own preferences, it cannot overlook the loss of a companion who has endured in the matrimony or after a divorce. When a husband or wife exercises such a separation decision, he or she is likely to be vulnerable. Vulnerability refers to a circumstance in which a spouse will be affected as a result of the separation, and… Continue Reading...

Tagged: kerala high court   Divorce   Secular Marriage  
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