Catholics Can Divorce Like Others, Says High Court

Contrary to popular belief, an Indian High Court has declared that no law lays down that Roman Catholics should be married for at least two years to be eligible for divorce.

 The religion of the 21st century is freedom, and freedom of choice is a basic right of any citizen, said Chief Justice D H Waghela, in response to the Bangalore Archbishop’s contention that divorces were not recognised by the Roman Catholic church.

However, a church advocate said, Roman Catholic marriages could be annulled.

A division bench comprising Waghela and Justice B V Nagarathna disposed of a public interest case challenging the Constitutional validity of Section 10A of the Divorce Act, 1869, relating to divorce among Catholic Christians in India.

In all communities, it is mandatory for couples seeking divorce to have been married for a year, but in the Christian community, that period is two years, petitioner Shiva Kumar had said, contending this was discriminatory and against the Constitution.

Hindus, Parsis and those married under the Special Marriage Act only show a marriage period of one year to be eligible to appeal for divorce, he said.

The bench observed the Kerala High Court in 2010 had reduced two years to one even for Catholic Christian couples.

According to the Supreme Court, High Court orders in one state are applicable to the entire country.