PIL seeking uniform grounds for divorce for all Indian citizens filed in SC

PIL seeking uniform grounds for divorce for all Indian citizens filed in SC

Supreme Court has been brought forward with a PIL (Public Interest Litigation) mentioning the disparity among the divorce laws and the international conventions as being non-uniform, anomalous and prejudiced prejudice on the basis of religion, race, caste, sex or place of birth.

The plea has mentioned as the court being the custodian of the Constitution and protector of the fundamental rights should declare that the discriminatory grounds of divorce are unconstitutional and should frame guidelines for uniform grounds of divorce for all citizens of India.

The plea filed by the famous BJP leader and advocate Ashwini Kumar Upadhyay stated several flaws in the laws being unjust and prejudiced on various factors. It stated that to seek divorce by Hindus, Buddhists, Sikhs and Jains they refer the Hindu Marriage Act 1955. While Muslim, Christian and Parsis have their own personal laws & supplementary to it couples belonging to different religions have to seek divorce under the Special Marriage Act, 1956. Additionally, if either partner is foreign national then he has to seek divorce under the Foreign Marriage Act 1969.

Therefore, he concluded that the grounds of divorce are neither gender neutral nor religion neutral, making it unconstitutional and violative of Articles 14, 15 & 21. Lastly the plea proposed the court to delve into the issue and frame guidelines for ‘uniform grounds of divorce for all citizens and adjacently direct the Law Commission to examine the laws of divorce & suggest ‘Uniform Grounds of Divorce’ for all citizens in spirit of Articles 14, 15, 21, 44 within 3 months, while considering international laws and international conventions.

Nischay Pokhriyal

PIL seeking uniform grounds for divorce for all Indian citizens filed in SC