New Delhi The Supreme Court has sought the provision of uniform grounds of divorce for all citizens of the country in accordance with the spirit of the Constitution and international agreements. BJP leader and advocate Ashwini Kumar Upadhyay has filed a PIL in this regard. The petition has sought a direction from the Supreme Court to the Central Government to take steps to remove the discrepancies in the divorce laws.
The petition said that the apex court should issue directions to the central government to enact equal laws for all citizens, without prejudice on the issue of divorce on the basis of religion, race, caste, sex or place of birth. It has also been demanded that the Supreme Court declare that the prejudicial grounds for divorce violate Articles 14, 15, 21. In such a case, guidelines should be issued for all citizens on the same grounds of divorce.
The petition states that the court should study the laws related to divorce to the Law Commission and to suggest Uniform Grounds of Divorce for all citizens within three months in accordance with Articles 14, 15, 21 and international laws Issue instructions The petition states that people from Hindu, Buddhist, Sikh and Jain communities have to apply for divorce under the Hindu Marriage Act 1955.
Muslim, Christian and Parsi communities have their personal laws for divorce. Even if the husband is one of the foreign nationals in the wife, he has to apply for divorce under the Foreign Marriage Act 1969. In such a situation, the basis of divorce is not neutral on the basis of gender and religion. Therefore, there should be provisions for uniform grounds of divorce.