KOCHI: The High Court on Wednesday held that Christian women who have left their matrimonial homes can file for divorce in the places where they reside.
A division bench comprising Justice A K Jayasankaran Nambiar and Justice Preeta A K passed the order on an appeal filed by Pincy N V of Mananthavady, challenging the order of the Family Court, Kalpetta, which had dismissed her plea for divorce on the ground that the court had no jurisdiction to entertain the application.
The woman pointed out that she had left her matrimonial home in Kasaragod after suffering domestic violence and is currently residing in Wayanad.
The Family Court had said that since they last resided together at their matrimonial home, the jurisdiction under the statute lay only in Kasaragod. The woman argued that the non-inclusion of the court where the wife resides as one of the jurisdictional courts effectively deprives Christian women of equal treatment.
Calls out provision
Court said that provision that prevents a Christian woman from approaching jurisdictional district court where she is residing on date of presentation of the petition would be discriminatory and has to be avoided