The Delhi High Court, while giving a verdict in a divorce case, stated the need for Uniform Civil Code in the country. Commenting in its decision, the Delhi High Court said that even in the year 1985, the Supreme Court had said in one of its decisions about the Common Civil Code. But three decades have passed since then, but no one has any idea about what action was taken about him.
Commenting in its order, the High Court said that the need for Uniform Civil Code under Article 44 has been reiterated by the Supreme Court from time to time. Common Civil Code under which ‘Equal law for all, which enables the application of common principles in respect of aspects such as marriage, divorce, succession etc. To implement the laid down principles, safeguards and procedures.
The Court observed that the traditional barriers of religion, community and caste in modern Indian society are gradually disappearing. Youth belonging to different communities, tribes, castes or religions of India who consummate their marriages are forced to contend with issues arising out of conflicts with regard to various personal laws, especially marriage and divorce. should not be done.
Article 44 of the Constitution mentions that the State shall secure a Uniform Civil Code for its citizens. There should not be only one hope. The Supreme Court had also mentioned this in its 1985 decision and the Supreme Court had also talked about sending that decision to the Law Ministry. However, more than three decades have passed since that decision and it is not clear what steps have been taken so far in this regard. Therefore, a copy of this decision of the High Court should be sent to the Secretary, Ministry of Law and Justice, Government of India for necessary action as deemed fit.
This decision of the court came in a divorce case. In this case, the husband wanted a divorce according to the Hindu Marriage Act, while the wife said that she belongs to the Meena tribe, so the Hindu Marriage Act does not apply to her. The wife had demanded that the divorce petition filed by her husband in the family court be dismissed. Therefore, the husband had filed a petition in the High Court against the same argument of the wife, which has been accepted by the High Court as correct and asked the lower court to look into the matter according to the Hindu Marriage Act.