Supreme Court agrees to consider forming uniform code in matters of divorce; notice issued

In a massive development, the Supreme Court on Wednesday, December 16, agreed to consider forming a uniform code in matters of divorce laws to remove the anomalies in different personal laws and implement a uniform system.

The petition filed by advocate and BJP member Ashwini Kumar Upadhyay seeks “uniform grounds for divorce” for all people across the country irrespective of their religion. The petition asks for directions to be issued to the central government to remove the prejudices in personal laws and bring about a uniform code to be applied to all cases of divorce without discrimination on the basis of religion, race, caste, sex or place of birth. 

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The Supreme Court has sought the response of the Ministry of Home Affairs as well as the Law Ministry on the petition after stating that they were “cautiously” issuing notice in the matter. 

The bench headed by the Chief Justice of India was at first reluctant to entertain the petition with CJI SA Bobde asking if the petitioners “were asking for the Supreme Court to encroach upon personal laws and remove the distinction they create?”

Senior Advocate Pinky Anand appearing for the petitioner told the Supreme Court that the plea only sought removal of the personal laws which were violative of Articles 14, 19 and 21.

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