Supreme Court refuses to recognize Ecclesiastical decrees

The Supreme Court today dismissed a petition seeking recognition of divorce decrees of Ecclesiastical Courts.

The Public Interest Litigation petition filed by a lawyer, Clarence Pais was heard at length by a Bench of Chief Justice JS Khehar and Justice DY Chandrachud today. Solicitor General Ranjit Kumar represented the Central government.

Pais contended that marriage and its dissolution or annulment were governed by the Church, and if it remains unrecognized, the faithful Catholic population might be guilty of bigamy under the Indian Penal Code, even after a decree of divorce has been granted by the Court.

He also added that a multitude of catholic men had remarried after their divorce decrees were finalised by the Church clergy.

According to the petitioner, the recognition of divorce granted by pronouncing triple talaq would have the same reasoning.

The contention, which could have held ground had there been a State religion, did not find favour with the Bench.

The Supreme Court is also seized of another case pertaining to personal law, wherein the petitioners have challenged the practises of polygamy and triple talaq among Muslims.

Note: This piece was edited at 8.26 pm on January 19, 2017.

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