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Time to revamp law and have common code for marriage and divorce, says Kerala HC

By Express News Service

KOCHI: The Kerala High Court on Friday held that the marriage law needs to be revamped and there would not be any difficulty in having a common code of law for all communities, at least 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 court.

A Division Bench comprising Justice A. Muhammed Mustaque and Justice Kauser Edappagath also observed, “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,” observed the court.

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Dismissing an appeal filed by a husband in a matrimonial case, the court also observed that the law should equip spouses to deal with marital damages and compensation. The law has to safeguard spouses against any loss suffered in a relationship or on such separation.  

The dissolubility of marriage may bring myriad losses to a spouse on such separation. While the law allows an individual to act on his or her choice, the court said, “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.”

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