Christian women can file divorce petitions at place of residence: Kerala HC

Kochi: The Kerala High Court on Wednesday held that Christian women can file divorce petitions before the Family Court in the place where they reside, ruling that a restrictive interpretation of the Divorce Act would discriminate against Christian women.

A Division Bench comprising Dr Justice A K Jayasankaran Nambiar and Justice Preeta A K made the observation while allowing an appeal filed by a woman whose divorce petition was rejected by the Family Court, Kalpetta, on the ground that it lacked jurisdiction.

The Bench was considering the interpretation of Section 3(3) of the Divorce Act, which defines the term "District Court" for the purposes of proceedings under the legislation.

The provision states that a petition under the Act can be filed before the District Court within whose jurisdiction the marriage was solemnised, where the husband and wife reside, or where they last resided together.

The court noted that similar provisions in other matrimonial laws, including the Hindu Marriage Act, have been amended to allow a wife to approach the court within whose jurisdiction she resides.

The Bench observed that interpreting Section 3(3) of the Divorce Act in a manner that prevents a Christian woman from approaching the court in the place where she resides would be discriminatory.
(With LiveLaw inputs)