Time to revamp legislation and have frequent code for marriage and divorce, says Kerala HC

By Express News Service

KOCHI: The Kerala High Court on Friday held that the wedding legislation must be revamped and there wouldn’t be any problem in having a typical code of legislation for all communities, not less than for marriage and divorce. “Marriage and divorce must be under the secular law; that is the need of the hour. The time has come to revamp the marriage law in our country,” held the courtroom.

A Division Bench comprising Justice A. Muhammed Mustaque and Justice Kauser Edappagath additionally noticed, “We need to have a law dealing with human problems with a humane mind to respond. Individuals are free to perform their marriage following personal law, but they cannot be absolved from compulsory solemnisation of the marriage under secular law,” noticed the courtroom.

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Dismissing an enchantment filed by a husband in a matrimonial case, the courtroom additionally noticed that the legislation ought to equip spouses to cope with marital damages and compensation. The legislation has to safeguard spouses in opposition to any loss suffered in a relationship or on such separation.  

The dissolubility of marriage could deliver myriad losses to a partner on such separation. While the legislation permits a person to behave on his or her selection, the courtroom stated, “The law cannot ignore the loss of such spouses who suffered in the matrimony or separation. The husband or wife is likely to be exposed to vulnerability on the exercise of such option for separation by one of the spouses. Vulnerability alludes to a situation of a spouse who would be disadvantaged consequent on such separation and causation demands empowerment of such spouse. Sometimes the spouse who seeks the divorce might be responsible for the disruption of the relationship. The law has to safeguard the spouse against any loss suffered in a relationship or on such separation.”