Lawstreet Journal

Plea Filed in Apex Court Seeking Uniform Grounds of Divorce for All Citizens [READ PETITION]

Lawstreet Journal 20 Aug 2020 4:25am

Image courtesy: Lawstreet Journal Judiciary Plea Filed in Apex Court Seeking Uniform Grounds of Divorce for All Citizens [READ PETITION]

A public interest litigation (PIL) has been filed in the Supreme Court seeking uniform grounds of divorce for all citizens of the country without prejudice on the basis of religion, race, caste, sex or place of birth in the spirit of the Articles 14, 15, 21, 44 and international conventions.

The plea was moved by BJP leader and Supreme Court Advocate, Ashwini Kumar Upadhyay asking the Hon’ble Court to direct Centre to take steps to remove anomalies in divorce laws and declare discriminatory grounds of divorce as unconstitutional. The petition stated that "The court may declare that the discriminatory grounds of divorce are violative of Articles 14, 15, 21 and frame guidelines for 'Uniform Grounds of Divorce' for all citizens”. Further, it also suggested the court to direct the Law Commission in order to examine different divorce laws and suggest 'Uniform Grounds of Divorce' for all citizens in the spirit of Articles 14, 15, 21, 44 within three months, while considering international statutes.

The PIL noted distinctions between different religions such as Hindus, Buddhists, Muslims, etc. and their governing laws. It cited examples like Impotency being a ground of divorce for Hindus-Muslims, but not for Christians-Parsis; Underage marriage can be a ground of divorce for Hindus, but not for Christians, Parsis and Muslims; and so forth. 

The plea argued that many other grounds of divorce are neither gender-neutral nor religion-neutral, though equity, equality, and equal opportunity are the hallmarks of a socialist, secular, democratic republic like India. "The ongoing distinction is based on… Continue Reading...

Tagged: Divorce   Mutual Consent Divorce  
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