New Delhi, August 16
A PIL in search of “uniform grounds of divorce” for all residents of the nation, preserving with the spirit of the Constitution and worldwide conventions, has been filed within the Supreme Court.
The plea filed by BJP chief and advocate Ashwini Kumar Upadhyay seeks instructions to the Centre to take steps to take away anomalies in divorce legal guidelines and make them uniform for all residents, with none prejudice on the premise of faith, race, forged, intercourse or native land.
“The courtroom could declare that the discriminatory grounds of divorce are violative of Articles 14, 15, 21 and body tips for ‘Uniform Grounds of Divorce’ for all residents.
“Alternatively, this court may direct the Law Commission to examine the laws of divorce and suggest ‘Uniform Grounds of Divorce’ for all citizens in the spirit of Articles 14, 15, 21, 44 within three months, while considering international laws and international conventions,” the plea says.
“Hindus, Buddhists, Sikhs and Jains have to seek divorce under the Hindu Marriage Act, 1955. Muslims, Christians and Parsis have their own personal laws. A couple belonging to different religions has to seek divorce under the Special Marriage Act, 1956,” it says.
If both accomplice is a international nationwide then that individual has to hunt divorce beneath the Foreign Marriage Act, 1969. Hence, the grounds of divorce are neither gender impartial nor faith impartial, the plea says.
The PIL says the “injury” precipitated to the general public attributable to that is giant as a result of divorce is among the many most traumatic misfortunes for each women and men, however even after 73 years of independence, divorce procedures are very complicated within the nation.
“Hence, grounds of divorce are neither gender impartial nor faith impartial. For instance, adultery is a floor of divorce for Hindus, Christians and Parsis, however not for Muslims. Incurable leprosy is a floor of divorce for Hindus and Christians, however not for Parsis and Muslims.
“Impotency is a ground of divorce for Hindus-Muslims, but not for Christians-Parsis. Underage marriage is a ground of divorce for Hindus, but not for Christians, Parsis and Muslims,” the plea says.
It provides that many different grounds of divorce are neither gender impartial nor faith impartial, although fairness, equality and equal alternative are the hallmarks of a socialist, secular, democratic republic like India.
“The ongoing distinction is based on a patriarchal mindset and stereotypes and has no scientific backing, perpetrates de jure and de facto inequality against women and goes against the global trends,” the plea says. — PTI