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

Mangaluru police have arrested a 27-year-old NRI on his return from Saudi Arabia in connection with an Instagram post allegedly containing derogatory and provocative remarks about the Hindu religion, officials said on Monday.

The accused, Abdul Khader Nehad, a resident of Ulaibettu in Mangaluru, was working in Saudi Arabia when the post was uploaded, police said.

A suo motu case was registered at the Bajpe police station on October 11 after an allegedly offensive post circulated from the Instagram account ‘team_sdpi_2025’. Police said the content was flagged for being provocative and derogatory in nature.

During the investigation, technical analysis traced the Instagram post to Nehad, who was residing abroad at the time, a senior police officer said. Based on these findings, a Look Out Circular (LOC) was issued against him.

On December 14, Nehad arrived from Saudi Arabia at Calicut International Airport in Kerala, where he was taken into custody on arrival. Police said further investigation is underway.

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News Network
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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News Network
December 19,2025

Mangaluru: Public transport in Mangaluru is set for a state-led transformation as the government moves to deploy 100 new electric govt buses to replace unreliable private services. The initiative aims to provide a dependable alternative to private operators who have been frequently "cutting trips," leaving thousands of commuters stranded.

The announcement was made by Deputy Commissioner and MCC Administrator Darshan HV during a public phone-in session. The move specifically targets routes where private bus service has become erratic, ensuring that citizens no longer have to rely on a fluctuating private sector for their daily commute.

Restoring the Govt Presence

The transport crisis was brought to the forefront by Ramayya, a resident of Bajal, who highlighted a growing trend of private buses skipping morning and night trips. With the previous KSRTC (govt) services discontinued, residents have been left without a fallback option.

To fix this, the DC confirmed that the PM-eBus Sewa Scheme will bring 100 government-owned electric buses to the city:

•    Phased Deployment: The first 50 of the new 100 government buses are scheduled to arrive by March 2026.

•    State Infrastructure: Two new government depots, including one at Mudipu, are being prepared for operations.

•    Recruitment: The state has already begun training a new batch of government bus drivers to ensure the fleet is operational the moment it arrives.

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