Kerala HC allows Christian women to file for divorce from current place of residence

KOCHI: The Kerala High Court has ruled that Christian women can file for divorce in the family court of their current place of residence, even if it is different from where they last lived with their husband.

A division bench of Justices A K Jayasankaran Nambiar and Preeta A K was hearing an appeal by a woman who had left her matrimonial home due to domestic violence and had shifted districts.

Interpreting Section 3(3) of the Indian Divorce Act, 1869, the court adopted a constitutional approach to prevent discrimination against women forced to relocate due to hardship. The bench overturned a single-judge order and earlier family court rulings that required women to file in the original jurisdiction.

The petitioner had filed for divorce at the Kalpetta Family Court in Wayanad after moving back to her parental home to escape alleged personal harassment following her marriage in Kasaragod. However, her plea was initially rejected on technical grounds due to the rigid territorial jurisdiction rules under the governing Divorce Act of 1869.

Historically, the statute mandated that divorce petitions could only be submitted where the marriage was solemnised, where the couple last resided together, or where the husband currently resides.

After a single bench of the High Court initially upheld the dismissal, the petitioner appealed to the division bench. Setting aside the single-bench order, the division bench highlighted a significant statutory disparity between personal laws in India.

The court noted that both the Hindu Marriage Act and the Special Marriage Act explicitly allow women to file for divorce at their current place of residence, whereas the archaic 1869 Act lacked this protective mechanism. The bench declared the historical statutory distinction unconstitutional, broadly interpreting the jurisdictional clauses of the Divorce Act to encompass the wife’s place of residence.

By striking down this procedural hurdle, the Kerala High Court has ensured equal, unhindered access to legal remedies for Christian women across the state without forcing them to travel to distant jurisdictions to seek relief. (ANI)