Law Ministry proposes time frames for Divorce cases; Law Commission lobbies for amendment in Christian Divorce Law

Bar&Bench News Network

Sep 23, 2009

On the lines of the gram nyayalayas, the Law Ministry is considering an amendment to make disposal of divorce and custody cases time-bound. The Law Minister, Veerappa Moily, has said that family courts will be given targets for winding up cases where mutual consent is absent, within a year of filing.  Moily believes litigating couples should be freed quickly from broken marriages in order to start life afresh.

Law Commission Chairman, Justice A.R Laxmanan [pictured], has asked the Central Government to review the 150-year old Christian divorce law stating,  "The Law Commission has come to the conclusion that Section 2 of the Divorce Act insofar as it concerns the jurisdictional rule in regard to petitions for divorce, is not only not in tune with the present times but is also harsh upon Christian women in India." The report demands that Indian courts be allowed to entertain such petitions where either of the parties have their residence in India.

A Christian woman, according to the Act, cannot file a petition before a court seeking divorce if her husband is the citizen of a foreign country. The issue came up late last year when the Madras High Court suggested that the Act should be amended, while disposing of a petition filed by Indira Rachel asking the court to strike down Section 2 of the Act which states that both parties to the divorce should be domiciled in India.

 

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Comments(1)
  • 1. ""Familycourts and courts which are dealing matrimonial cases must follow Mr.Moilys recomendation.Framing timeframe to thease cases will help both parties equally.One party get direct relief from the court and another get indirect relief.But Bench ". Srinivasrav Kandaala, Andhrapradesh
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