Explained: Kerala HC urges Parliament to let Christian women file for divorce where they live

Prelims-testable facts

• 01The Kerala High Court has urged the Parliament to amend the Divorce Act of 1869 to allow Christian women to file for divorce where they live.
• 02Currently, under the Divorce Act of 1869, a petition for divorce can only be filed in the court where the marriage was solemnized.
• 03This rule affects Christian women who are married outside their place of residence or domicile.
• 04The Kerala High Court's observation is based on the principle that a wife should have the right to file a petition for divorce in her current place of residence.
• 05The issue of jurisdiction in divorce cases is governed by Section 13 of the Divorce Act, 1869.
• 06The court has pointed out that this provision is outdated and needs to be amended to reflect modern realities.

Trap alerts

• Most people think the Kerala High Court's observation is a new development, but actually it is based on a long-standing issue with the Divorce Act of 1869.
• Most people think that Christian women can already file for divorce in any court they choose, but actually the current law requires them to file in the court where their marriage was solemnized.