New Delhi: A petition has been filed in the Supreme Court of the country demanding the implementation of 'equal grounds of divorce' for all citizens of the country. Equality in law for divorce is stated in accordance with the spirit of the Constitution and international laws. The petition, filed by BJP leader Ashwini Kumar Upadhyay, sought to direct the central government to take steps to remove discrepancies in divorce laws and a uniform law should be enacted for all citizens.
The petition states that there should be no discrimination on the basis of religion, caste, sex or place of birth in the said laws. "It can be declared by the court that the discriminatory grounds for divorce are a violation of Article 14,15, 21 and guidelines can be framed for equal grounds for all citizens," the petition said. The petition states that as an alternative the court may ask the Law Commission to examine the divorce laws and the spirit of Article 14,15,21,44 and recommend similar legislation within three months in line with international laws.
The petition said that people from Hindu, Buddhist, Sikh and Jain societies petition for divorce under the Hindu Marriage Act 1955. Muslims, Christians and Parsis follow the Personal Law Board. Couples from different religions seek divorce under the Special Marriage Act 1956. If one of the two partners is a foreign national, then they are decided to divorce under the Foreign Marriage Act 1969. Therefore, the basis of divorce is neither gender neutral nor religious, so the court should consider it.