Indian Catholic Divorce: Canon Law

PIL sought recognition of Catholic Church Canon law.

“India is secular but don’t know how long it will remain so” – Supreme court of India.

The Supreme Court of India has expressed concern over the growing influence of religion on social issues. Justice Vikramjit Sen batted for a Uniform Civil Code. Justice Sen said law should not be compelled to recognize dictates of personal law in civil and family matters like divorce, marriage and adoption. The petitioner, a resident of Karnataka, sought validity of divorce granted by Christian Court formed under Canon law as the divorces granted by Christians Courts are not recognized by the Courts. The petitioner is prosecuted for bigamy under section 494 of Indian Penal Code.

Under Canon law, the Catholic Church does not accept the nullification of marriages unless divorce is sought in a canonical court.

Courts should recognize Cannon law like they do Muslim laws:

The petitioner claimed that it is reasonable that when the courts in India recognize the dissolution of marriage (divorce)(by pronouncing the word talaq three times) under Mohammedan law which is the personal law of Muslims, the courts should also recognize for the purpose of divorce Canon Law as the personal law of Indian Catholics.

The Cannon law says that Catholics are required to marry in a Catholic Church and enjoins that they seek nullity of marriage i.e., divorce in Canonical Court also under the code of Canon law. Otherwise, the marriage and the divorce are not recognized by the Catholic Church.

The Petitioner further contented that if the criminal courts which are prosecuting the petitioner for the offence under section 494 of Indian penal code i.e. bigamy, then hundreds of spouses, married second time, who had sought divorce through Canonical Courts, would face similar prosecution and fine.

The Supreme Court had granted 4 week time to the Centre government to file a reply on the petition. While granting the time the Supreme Court has observed as stated above. It has made to rethink about the Uniform Civil Code. Such personal law for marriage and divorce are recognized as such then the administration of justice would be difficult. The complex judicial procedure would get complicated further with implementation of personal laws as the presiding officers had to well verse with personal laws of each culture.

For India’s vast diversities, implementation and recognition of all personal laws all community and ethnic tribes is unfeasible. It will create uncertainties in the administration of justice. For a stable society, a certain and standard law must be applicable especially when it comes to laws relating to marriage and divorces as the identity of children and family depends upon such laws.