Terming certain sections of the divorce act as "harsh" upon Christian women, the Law Commission has recommended amendments to enable Indian courts to entertain petitions for dissolution of marriages even if either of the couple was settled abroad.
In its latest report submitted to the Law Ministry, the Commission has recommended amending Section 2 of the Divorce Act of 1869 to enable courts to deal with petitions for annulling of a Christian marriage when either of the spouse is based in India at the time of filing of the petition.
The Commission was asked by the Law Ministry to consider whether Section 2 of the Act needed amendments to allow courts to entertain a petition for dissolving a Christian marriage where the husband has changed his Indian domicile while his wife is still a resident of India.
The Commission pointed out that at present, the domicile of the husband alone is considered during divorce proceedings "in as much as a wife takes the domicile of her husband upon marriage."
Though the act can be invoked for divorce in a Christian marriage performed outside India, it does not provide jurisdiction to Indian courts to dissolve such a marriage of 'non-domiciled' couples.