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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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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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I’m Not Going To Change My Personality After Marriage: Ranveer Singh

He says he has not toned down

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Ranveer Singh. Flickr

Actor Ranveer Singh will not change his personality after his marriage to Deepika Padukone, and says he doesn’t want his wife and actress to change herself either.

Deepika and Ranveer got married in Italy last month.

“Marriage is like the best thing that has ever happened to me. I feel some kind of magic, some kind of power, it’s like I’m invincible. You know in those superhero movies, you know that moment when the suit comes on. I feel like marriage has done that to me,” Ranveer Singh said during a session at Times Network’s India Economic Conclave 2018.

He says getting married makes him feel “grounded, feel secure”.

“I’m really loving it. It has only been about 10-15 days now but it’s so nice, it’s so lovely. I would highly recommend it to the entire young population of the country. Take it from me, it’s great,” added the actor, who was present at the fifth edition of the conclave to talk about new age role models.

deepika Padukone
Ranveer and Deepika got married in Italy last month.

Asked whether the couple is planning to expand the family, he said: “It’s not my call really. I mean partly it is, but mostly it’s just her.”

“I allow her to make most of the decisions because she is just better at everything. I have no qualms in accepting that she is a much more evolved, a much more mature person than me. Of course I love her, but I respect and admire her for everything that she has achieved. She is a much greater person than me. She has achieved a lot more than me,” he added.

He says he has not toned down.

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“Did you see what I was wearing for my wedding? I was wearing a leopard on my shoulder for one of the events. A leopard who had green lasers coming out of his eyes! How is that toned down? It was hot pink. Manish Arora made it especially for me. He is my spirit designer, and he’s really out there.

“I don’t think I’m going to tone down or change who I am just because now I’m married which leads me into the next part of my answer that if it happens, I’m not going to filter it. I’m just going to allow it to happen if it happens naturally.” (IANS)