The Supreme Court of India has rejected PIL sought to legalise divorce granted by Church or ecclesiastical tribunal under Christian personal law in India.
"Canon Law (personal law of Christians) can have theological or ecclesiastical implications to the parties. But after the Divorce Act came into force, a dissolution or annulment granted under such personal law cannot have any legal impact as statute has provided a different procedure and a different code for divorce or annulment," the court said.
The court was hearing a plea filed by Clarence Pais, a former president of a Karnataka Catholic association.
Pais, in his PIL filed, has said that the divorce granted by a Church, set up under its personal law, should be considered valid under the Indian common law
However, the apex court has clarified that the church courts can not override the law.