In Molly case (1996), SC had held that implication of the Canon law is confined to either theological or ecclesiastical and has no legal impact on the divorce of marriage between two persons professing Christian religion i.e. Church can not over rule law of land related to divorce.
Why in news?
- A writ petition was filed in 2013 seeking a judicial declaration that divorce decrees passed by ecclesiastical tribunals are valid and binding.
- In this writ, Supreme Court has ruled that Canon law and decrees of divorce given by ecclesiastical tribunals or ‘Church Courts’ cannot veto the statutory law of divorce.
- After Divorce Act, 1860 came into force, dissolution or annulment under Christian personal law cannot have any legal impact as statute has provided a different procedure and a different code for divorce.
Related Notes: