Bill to amend 150-yr-old Christian divorce law in winter session

November 13, 2016

New Delhi, Nov 13: Christian couples' wait for two years for seeking divorce by mutual consent may soon end as a nearly 150-year-old law is set to be amended to lower the requisite separation period to one year following persistent demand from the community.

divorce
The government has put the Divorce (Amendment) Bill, 2016 in the 'tentative list of government legislative and financial business' expected to be taken up during the winter session of Parliament beginning November 16.

However, the proposal to amend the provisions dealing with Christian marriages is yet to be cleared by the Union Cabinet.

According to the Law Ministry proposal, the Divorce Act, 1869 would be amended to halve the separation period for couples from the present two years to one year before they can file for divorce by mutual consent to bring it at par with laws governing other communities.

The separation period under the Hindu Marriage Act, Parsi Marriage and Divorce Act and the Special Marriage Act is one year.

Section 10A (1) of the Divorce Act, added through an amendment in 2001, says that a couple seeking divorce should be living separately for a period of "two years or more".

Against the backdrop of a Supreme Court order in April last and persistent demands by members of the community, the Law Ministry has decided to move the proposal to reduce the separation period.

Questioning the existing law, the Supreme Court had urged the Centre to make necessary amendments.

"Should Christians stay separated for minimum two years when the period prescribed for others is one year? It does not make sense to us. It is a pure question of law and you (government) should have acted on your own," a bench of Justices Vikramjit Sen and A M Sapre had observed.

The bench delivered the order on a petition filed by a Delhi resident.

Some high courts have also struck down the provision of two-year separation.

The ministry has also proposed another amendment in the law to enable any of the spouses living in India to file for divorce. As of now, both husband and wife should be living in India when the petition for dissolution of marriage is moved.

Also, if the law is amended, then it will allow a woman to move the divorce petition in the district court within whose jurisdiction she ordinarily resides. As per the existing provisions, a petition can be filed only where the marriage was solemnised or where the couple reside or last resided together.

The Law Commission had on several occasions in the past recommended amendments to the Divorce Act to make it more women-friendly.

Comments

Zubair
 - 
Sunday, 13 Nov 2016

Haaahaaa Tried to bring Uniform civil code and presuming not going to be success... Now interfering to Christian community.. Making cabinet busy for nothing...

Rikaz
 - 
Sunday, 13 Nov 2016

Don't touch Islamic law.....which will bring you bad luck....it is Islamic law and we Muslims know how to deal with it....

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News Network
December 15,2025

Udupi, Dec 15: What was meant to be a post-pilgrimage gathering turned tragic in Padukere village of Brahmavar taluk, Udupi district, late Sunday night, when a clash among youths escalated into a fatal assault, leaving one man dead.

The victim has been identified as 30-year-old Santosh Mogaveera, a resident of Padukere.

According to preliminary information, the incident took place during a late-night drinking party involving a group of local youths who had recently returned after completing their pilgrimage to the Sabarimala shrine. An argument reportedly broke out among the group and soon escalated into a violent confrontation.

During the ensuing brawl, Santosh Mogaveera was allegedly assaulted and collapsed at the spot after sustaining serious injuries. He was rushed by local residents to a private hospital in Brahmavar, where doctors declared him dead.

On receiving information, senior police officials, including Brahmavar Circle Inspector Gopikrishna, Kota Police Sub-Inspector Praveen Kumar T, Station ASI Manthesh Jabagoudar, and head constables Pradeep and Ashok, visited the spot and conducted an inspection.

Police have taken four youths into custody in connection with the incident. A case has been registered at the Kota police station, and further investigation is underway to ascertain the exact sequence of events leading to the death.

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News Network
December 15,2025

Mangaluru, Dec 15: Educational institutions in Mangaluru that rely on the popular Mangala Stadium for their annual sports events are bracing for an inconvenience as the city's key sporting venue is set to close its gates for a significant upgrade. The stadium is expected to be unavailable for approximately two months starting from January 15, 2026.

The closure is necessitated by a proposed overhaul of the stadium's facilities, with a special focus on upgrading the synthetic track. Pradeep Dsouza, Assistant Director of the District of Youth Empowerment and Sports (DYES), Dakshina Kannada, confirmed the development.

"Experts have visited the stadium, conducted a thorough inspection, and have given the go-ahead for a complete makeover," Dsouza stated. "Funds have been allocated for the project, and we are currently awaiting the final green signal from state officials to commence the work. We anticipate that the work will likely begin in the second week of January. Consequently, we have stopped renting out the stadium to colleges and other organizations in preparation for the upgrade."

The timing presents a logistical challenge for colleges, as many schools have already concluded their sports meets.

"Colleges will now be organizing their events and will need to find alternative locations to host their sports meets," Dsouza added. He suggested a few potential venues, including the Dakshina Kannada police ground, University College grounds, Panambur grounds, Swaraj Maidan in Moodbidri, and the Mangalore University sports grounds in Konaje.

However, many institutions note that finding a comparable venue will be difficult. While the DK police ground and University College grounds are closer to the city center, they do not possess the extensive facilities and infrastructure offered by Mangala Stadium.

Dr. P Dayananda Pai - P Satisha Govt First Grade College, Carstreet, is one such institution dependent on the stadium. Principal Jayakar Bhandary expressed hope for a swift completion of the work. "We expect the work to be completed at the earliest. If not, we will be forced to look for other venues to host the sports day for our students," Bhandary said, highlighting the pressing need for the city's main sporting facility.

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December 19,2025

Mangaluru: The Mangaluru CEN police have arrested a 23-year-old man for allegedly posting provocative and misleading content on an Instagram page named “mr_a_titude”, targeting the Bajpe police.

Mangaluru Commissioner of Police Sudheer Kumar Reddy C H identified the arrested as Abhishek M, a resident of Katipalla in Mangaluru.

A case has been registered at the Bajpe Police Station under Sections 353(1)(c), 353(2), 56, and 57 read with Section 189 of the Bharatiya Nyaya Sanhita (BNS) in connection with the post.

According to police, the accused uploaded a photograph of a hotel on the Instagram page and alleged that accused persons in a murder case under the Bajpe police jurisdiction were being given “royal treatment” by the police, including being served beef meals daily from the hotel.

The post further accused the police of supporting criminals, misusing their authority, and betraying public trust. Police said the content was provocative in nature and aimed at inciting public outrage against the police.

Following the post, a case was registered at the Bajpe police station, and further investigation was transferred to the CEN police station.

Police records indicate that the accused has a criminal history, with multiple cases registered against him, including murder, attempt to murder, assault, and robbery at the Surathkal Police Station, and one case at the Kaup Police Station.

The Commissioner said the accused was traced and arrested using technical evidence.

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