Kerala High Court lets Christian women file divorce where they live

The Kerala High Court has ruled that Christian women can file for divorce in the family court of their current residence, removing the requirement to file where they last lived with their husband. A division bench of Justice A K Jayasankaran Nambiar and Justice Preeta A K delivered the verdict on June 30, interpreting Section 3(3) of the Indian Divorce Act, 1869 in light of constitutional guarantees.

The ruling came on an appeal from a woman who married in Kasaragod and moved to Wayanad after alleging domestic violence. Her initial petition was dismissed by the family court and a single-judge bench for lack of territorial jurisdiction. The division bench noted that the Hindu Marriage Act and Special Marriage Act already allow women to file from their current location, making the 1869 statute discriminatory against Christian women.

The court invoked Article 15(3) of the Constitution and the Supreme Court's Gita Hariharan judgment to adopt a purposive interpretation. Mathrubhumi reports that the decision overturns the earlier single-judge ruling and eliminates logistical barriers for Christian women across Kerala seeking legal remedies locally. The News Minute adds that the court applied the 'always speaking' principle to apply colonial-era law to modern constitutional understanding.