The Delhi High Court, Image credit: PTI
New Delhi: The Delhi High Court has directed the Centre to initiate appropriate procedures to implement a Uniform Civil Code in the country in order to remove the complexities arise while considering the divorce cases of couples belonging to different communities due to the solemnization of marriages on the basis of various personal laws.
The Court observed that the people will be forced to struggle with issues because of the various personal laws on which they supposed to solemnize their marriages, particularly for the couple who are belonging to different communities, tribes, castes and religions.
Justice Prathiba M Singh expressed her apprehension for not bringing in as laws to protect the citizens' Uniform Civil Code as guaranteed in the Constitution in Article 44 while hearing a divorce case of a couple belonging to the Meena community who had solemninised their marriage under The Hindu Marriage Act, 1955.
Justice Prathiba added that the sections in the Constitution that assure the citizens their right to exercise personal freedom shall not remain as mere hope, urging the department concerned to communicate the judgment to the Secretary of Ministry of Law & Justice to move appropriate action for the implementation of a Uniform Civil Code.
The judgment the Supreme Court had in 1985 in Ms Jordan Diengdeh case has also been asked to convey to the Ministry of Law for reference to initiate appropriate steps. Justice, however, also wondered over the steps the government has taken so far in this regard even three decades after the Supreme Court judgment.
In the case the Delhi High Court dealt with, the wife questioned the divorce plea by her husband, citing the invalidity of their marriage since it was held in accordance with the Hindu Marriage Act while both they are belonging to the Meena community. Though the case had been settled on the basis that the mutual approval of the couple to formalize their marriage under The Hindu Marriage Act, the High Court reiterated the need for a common law for all to avoid such glitches while dispensing the justice.