January,19,2017:
On the lines of recognition of Talaq under Muslim Law, recognition of dissolution of marriage under Canon Law as the personal law of the Indian Catholics was sought.
In Thursday, Supreme Court expounded that divorce granted by the ecclesiastical tribunal under the Christian Personal Law are not valid as it cannot override law,
The above stated observations were made by the Apex Court while it rejected a PIL that sought legal sanction to such separations granted by Church Court.
Apex Court Bench comprising of Chief Justice J S Khehar and Justice D Y Chandrachud dismissed the petition filed by Clarence Pais, a Former President of Karnataka Catholic Association, by stating that the issue has been settled by it in its 1996 verdict delivered in case of Molly Joseph v.George Sebastian.
Supreme Court further enunciated that,"Canon Law (personal law of Christians) can have theological or ecclesiastical implications to the parties. But after Divorce Act came into force, dissolution or the annulment granted under such Personal Law cannot have any legal impact as statute has provided a different procedure and a different code for divorce or annulment,".
- Family Laws
- Anand Marriage Act,1909
- Arya Marriage Validation Act,1937
- Commission of Sati (Prevention) Act,1987
- Dissolution of Muslim Marriages Act,1939
- Divorce Act,1869
- Dowry Prohibition Act,1961
- Family Courts Act,1984
- Foreign Marriage Act,1969
- Foreign Marriage Act,1969
- Guardians and Wards Act,1890
- Hindu Adoptions and Maintenance Act,1956
- Hindu Marriage Act,1955
- Hindu Minority and Guardianship Act,1956
- Hindu Succession Act,1956
- Indian and Colonial Divorce Jurisdiction Act, 1940
- Indian Christian Marriage Act,1872
- Kazis Act,1880
- Maternity Benefits Act,1961
- Matrimonial Causes (War Marriages) Act 1948
- Muslim Personal Law (Shariat) Application Act,1937
- Muslim Women (Protection of Rights on Divorce) Act,1986
- National Commission for Women Act,1990
- Parsi Marriage and Divorce Act,1936
- Protection of Women From Domestic Violence Act,2005
- Special Marriage Act,1954
Picture Source :
