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Divorce granted by Church Court will not be valid as it cannot override the Law: Supreme Court

The Supreme Court ruled out a plea to legalise Canon Law, which is the personal law for emancipation for the Catholics where church court allows separation

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A Church in India, Pixabay

New Delhi, Jan 19, 2017: The Supreme Court ruled today,  Divorce which is granted by the ecclesiastical tribunal under Christian personal law will not be valid as it cannot override the law, rejecting a PIL that asked for according legal sanction to such annulments granted by the Church Court.

The plea lodged by Clarence Pais, a former president of a Karnataka Catholic association was dismissed by a bench comprising Chief Justice J S Khehar and Justice D Y Chandrachud, saying this matter has been settled in its 1996 verdict delivered in the Molly Joseph versus George Sebastian case, mentioned PTI.

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“Canon Law (personal law of Christians) may have theological or ecclesiastical implications to the parties. But after the Divorce Act came into force, a dissolution or emancipation granted under such personal law cannot have any legal impact as statute has provided a different procedure and a different code for divorce or annulment,” the apex court had given out its verdict.

In his PIL filed in 2013, Pais had said the divorce allowed by a Church, set up under its personal law, should be considered valid under the Indian common law as was done in the case of Muslims when it comes to ‘triple talaq’.

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Former Attorney General Soli Sorabjee who appeared for Pais, had mentioned that when oral ‘triple talaq’ could get legal sanctity for granting divorce to Muslim couples, why could Canon law decrees not be made legal on courts of law.

According to his allegations, many Catholic Christians, who married after getting divorce from Christian courts were subject to criminal charges of bigamy as such separations are not recognised by the criminal and civil courts.

Pais, in his plea, had stated, “It is reasonable that when the courts in India recognises dissolution of marriage (by pronouncing the word talaq three times) under Mohammedan Law which is Personal law of the Muslims, the courts should also recognise for the purpose of dissolution of marriage Canon Law as the personal law of the Indian Catholics.”

The plea also pointed out that Canon Law is the personal law of Catholics and has the right to be applied and enforced by a criminal court while looking into a case under section 494 (bigamy) of IPC.

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“This is also applicable for sanction of prosecution considered for alleged bigamy of a Catholic spouse who has married after obtaining a decree for nullity of the first marriage from the Ecclesiastical Tribunal (Christian court),” the plea had stated.

The Centre, however, had protested the plea saying Canon law cannot be accepted to override Indian Christian Marriage Act, 1872 and Divorce Act, 1869.

– prepared by Durba Mandal of NewsGram. Twitter: @dubumerang

 

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Pollution Severe In Delhi In Spite Of Odd-Even Scheme: SC

SC says despite odd-even scheme, pollution in Delhi became severe

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Odd-Even scheme
In spite of Odd-Even vehicle rationing scheme, pollution has reached a severe level. Pixabay

The Supreme Court on Friday said in spite of Odd-Even vehicle rationing scheme, pollution has reached a severe level, and again called the Chief Secretaries of Delhi, Punjab, Harayana and Uttar Pradesh, to report on measures taken to curb air pollution particularly related to stubble burning.

A bench headed by Justice Arun Mishra said, “Do not give exemption to two-wheelers, and it will work.”

During the hearing, the judges scrutinized the Odd-Even scheme of the Delhi government in respect of air quality index data gathered in the past two years. The judges queried the Delhi government counsel, senior advocate Mukul Rohtagi, what purpose the scheme served by keeping out cars which contribute mere three per cent of the total pollution.

Odd-even scheme in Delhi
The court observed the data presented by the authorities suggest the Odd-Even scheme had hardly any effect on improving air quality. Pixabay

The court observed that Delhi’s local pollution is a major problem, if stubble burning which contributes 40 per cent is kept out.

“According to the authorities, stubble burning has reduced to somewhere near five per cent now…we are concerned about Delhi’s local air pollution. What is the government doing?”

The court observed the data presented by the authorities suggest the Odd-Eeven scheme had hardly any effect on improving air quality. “Question is what are you gaining by this scheme?” observed the court.

Also Read- Pollution Problem in Delhi Likely to Influence Upcoming Delhi Assembly Polls

Further commenting on the social aspect of the Odd-Even scheme, the court said “Odd-Even will only affect the lower middle class but not the affluent ones since they have multiple cars… Odd-Even isn’t a solution, but public transport could be. But nothing has been done about that”, said the court.

The hearing on the matter will continue on November 25. (IANS)