Kerala HC allows Christian women to file divorce case where they live
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Kochi, August 20 : In a significant ruling, the Kerala High Court has held that a Christian wife can file a divorce petition before the family court having jurisdiction over the place where she currently resides, even if it is different from the place where her marriage was solemnised or where she last lived with her husband.
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The ruling came in an appeal filed by a Christian woman from Mananthavady in Wayanad, who challenged an earlier order rejecting her plea regarding the jurisdiction of the family court.
What the divorce act says
Section 3(3) of the Divorce Act, 1869, provides for filing a divorce petition before the district court having jurisdiction over the place where the marriage was solemnised, where the husband and wife reside, or where they last resided together.
The woman had left her matrimonial home in Kasaragod following alleged severe domestic violence and was living with her parents in Wayanad. She approached the family court at Kalpetta for divorce, but her petition was rejected on the ground that the court did not have jurisdiction under the Act.
Court interprets provision differently
The division bench noted that, in her case, all three specified grounds under Section 3 pointed towards Kasaragod. However, the court observed that such an interpretation would effectively prevent a wife from approaching the court in the district where she actually resides.
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The bench interpreted the phrase “the husband and wife reside” as referring to separate jurisdictions when the spouses are living apart.
The court also relied on an earlier Supreme Court principle that when one interpretation of a law could make it constitutionally problematic while another interpretation keeps it within constitutional limits, courts should prefer the latter.
Relief for women facing hardship
Allowing the appeal, the Kerala High Court held that when a wife is the petitioner, she can file a divorce petition under the Divorce Act before the court having jurisdiction over the place where she resides at the time of filing the case.