The Ecclesiastical Courts Are Not Legally Permitted to Pronounce Divorce for Christians
- The Supreme Court of India declared that the divorce decree granted by the Christian church is not valid under the Indian law.
- The Supreme Court of India said that the ecclesiastical courts established by the church do not have any legal sanctity to pronounce divorce of followers of Christianity. Christians can be granted divorce by the Indian courts under the provisions of the Indian Divorce Act, 1869 as amended up to date.
- In England state religion of Christianity is prevalent and the ecclesiastical courts had authority to grant divorce decree, however in a democratic country like India, there is no scope for the ecclesiastical courts.
- Many followers of faithful Christian Catholic living in India, due to their ignorance about the lack of authority of the ecclesiastical courts have filed applications for dissolution of marriage and they become liable for prosecution under the Indian Penal Code if they remarry after obtaining divorce decree from church courts.
- In India Christian may marry in church; however they may obtain divorce only from court under the provisions of Indian Divorce Act.
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