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Secular Law for Marriage & Divorce Need of the Hour: Kerala High Court

WebdeskAug 07, 2021, 11:16 AM IST

Secular Law for Marriage & Divorce Need of the Hour: Kerala High Court

The Kerala High Court made this observation while hearing a divorce case.

 

The Kerala High Court observed that a secular law for marriage and divorce is the need of the hour.

 

A Division Bench of Justice A. Muhamed Mustaque and Justice Kauser Edappagath made the observation.

 

The bench said, “Individuals are free to perform their marriage in accordance with personal law, but they cannot be absolved from compulsory solemnisation of the marriage under secular law. Marriage and divorce must be under secular law; that is the need of the hour. Time has come to revamp the marriage law in our country."

 

Currently, there are multiple laws governing marriage and divorce in India.

 

In a judgement on July 7, the Delhi High Court said the Uniform Civil Code should not remain a mere hope in the constitution but should become a reality.

 

“In modern Indian society, which is gradually becoming homogenous, the traditional barriers of religion, community and caste are slowly dissipating. The youth of India belonging to various communities, tribes, castes or religions who solemnise their marriages ought not to be forced to struggle with issues arising due to conflicts in various personal laws, especially in relation to marriage and divorce,” read the Delhi High Court judgement.

 

It further read, “The hope expressed in Article 44 of the Constitution that the State shall secure for its citizens a Uniform Civil Code ought not to remain a mere hope.”

 

Justice Pratibha M Singh, in her order, said, “More than three decades have passed since then and it is unclear as to what steps have been taken in this regard till date. Accordingly, let the copy of the present judgment be communicated to the Secretary, Ministry of Law & Justice, Government of India, for necessary action as deemed appropriate.”

 

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