Kerala court to allow divorce within a year of separation
The High Court of Kerala struck down a provision in an 1869 law that required a separation period for married Christian couples to bring it in line with those of other religious communities. For Fr Babu Joseph, “Although the High Court is legally right,” its ruling will have “social repercussions” on marriage. The Church “will do everything possible to save it rather than let it fall apart.”
Kochi (AsiaNews) – The High Court of Kerala has struck down a provision of the 1869 Divorce Act that is applicable to Christians.
Under this rule, at least one year of separation was needed before a couple could seek divorce by mutual consent. In its original form, the Act mandated two years but that was reduced to one year in 2010 by the same court.
In its ruling last Friday, the court brought in line marriage and divorce legislation, like the Hindu Marriage Act, for all communities.
While the Court acknowledged that a period of separation was a wise provision, as a general safeguard against impulsive decisions, it questioned its constitutionality.
According to the court, “we are constrained to note that no remedy is provided by statute in exceptional and depraved conditions for a spouse to approach the Courts to get rid of the minimum period.”
Instead, “the rigour of the minimum period” must be relaxed to ensure “that efficacious judicial remedy is provided in cases of exceptional hardships to the parties. The denial of such a remedy to Christians bothers us.”
However, “This sentence risks having a cascading effect on the Christian community's approach to marriage and divorce,” said Fr Babu Joseph, SVD, former spokesman for the Catholic Bishops' Conference of India (CBCI), speaking to AsiaNews.
“Although the High Court is legally right, marriage in the Christian community and in some other religious communities is not only a legal contract but also assumes a sacramental character and, therefore, every effort must be made to safeguard its sanctity before resorting to divorce."
For Fr Babu, "This is the actual intent behind the provision to grant a one-year period before a couple can apply for divorce by mutual consent.”
Now, “The verdict will certainly expedite the divorce process for couples who want it, but there are also individual and social repercussions that must be borne in mind.”
For her part, "The Church has always stood and continues to stand for the sanctity of marriage and will do everything possible to save it rather than let it fall apart.”
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