Kerala High Court allows Christian women to file divorce where they reside

The Kerala High Court has ruled that Christian women in India may file for divorce in the family court of their current place of residence. This decision applies even if the location differs from where the marriage was solemnized or where the couple last lived together.

A division bench comprising Justices AK Jayasankaran Nambiar and Preeta AK interpreted Section 3(3) of the Divorce Act of 1869 through a constitutional lens. The court held that a restrictive interpretation of the statute would be discriminatory and inconsistent with constitutional guarantees of gender equality. The bench noted that similar provisions in the Hindu Marriage Act and the Special Marriage Act have already been amended to allow women to file petitions where they currently reside.

The ruling follows an appeal by a woman from Wayanad who had moved to her parental home to escape alleged personal harassment and domestic violence. Her initial divorce petition was rejected by the Kalpetta Family Court and a single judge of the High Court due to rigid territorial jurisdiction rules.