Why is customary Christian divorce not allowed in India?
Divorce is a legal separation of a husband and a wife which is brought in effect by the judgement of a court. In India, to recognize one’s marriage as dissolved, one needs to file for a divorce decree in the civil court. If the court approves, then only the divorce would be considered valid. However, in certain customary laws of different religions, divorce is considered valid by performing their customary practices for divorce without passing a decree for it in a civil court.
But such divorces which are brought in effect by personal laws are not allowed in India. To give legal status to the divorce, the parties need to get their divorce done in the civil courts according to the law by which they are governed. This paper covers why civil divorce is given a preference over customary practices for divorce having a focus on Christian religion and what is the status of divorces granted by church courts.
Christian matrimonial issues in India are governed by colonial-era laws such as the Christian Marriage Act 1872, the Christian Divorce Act 1869 and the Succession Act 1925. In Christianity, those who follows Roman Catholic Church are governed by Canon law (Customary law of Roman Catholics).
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Former Attorney General Soli Sorabjee represented the petitioner in this case. Many arguments were made during the proceedings of the case. However, the strongest argument presented by the petitioner side was the allowance of Muslims having right to divorce by pronouncing Triple Talaq without approaching a formal court. The court rejected the above-mentioned argument. Court in this petition used the precedent case of Molly Joseph v. George Sebastian, ruling of which was done in the year 1996. The ruling of this judgement was welcomed and favored by the women’s groups of the church
She was considered a threat to the political and religious establishment due to heresy accusations and her promotion of religious rebellion therefore she was banished. With the court being biased, she argued that she shouldn’t be punished for expressing her ideas and beliefs for the court has no authority to judge her. The way that religious freedom is perceived in the United States today was influenced by this significant occurrence. This trial revealed details about the religious and political climate of the time, the
Women were not only political, but religious figureheads. They were allowed as “keepers of faith” and were honored for their roles in the community during religious ceremonies (64). One 18th century French commentator argues, “Nothing, is more real than the superiority of women. It is of them that the nation really consists…”
Clearly the author was not to happy about the question of women coming into the priesthood. This statement can be read as pathos. In this article the author states many reasons on how the catholic church is the one true church. The author uses this through the modes of persuasion by using ethos, pathos and logos.
The changes in gender roles weren’t making everyone happy for examples in the story of The Kingdom of Matthias, Robert Matthews started a religious cult in New York during the 1830’s he came to believe that he was indeed not Robert Matthews, but instead he was Matthias, Prophet of the God of the Jews. Matthias was not happy with any of the changes that was happening in the roles of women, and he was not going to support any of it. His wife Margaret was suffering from the person he had become, he was extremely controlling and once told her that, “She had no God, that the husband was the savior of the wife, that as man was not whole without woman” (Johnson and Wilentz 80). Matthias was bitter because the women of this time had changed into
This is important as the change in education implemented the idea that educated women would divert from Christian values but a man strongly opposing the idea dismisses it, and lends a supportive perspective of educated women. However, something that is not showcased in this document is that women were taught theology, basic arithmetic, and language which limited them to their lives at home. Not being so educated in a vast variety of subjects like the men of their times eventually led to the downfall of women. They lost power and and didn’t have a very crucial role in shaping
During the Renaissance, many people began to support the idea that woman should be able to have the same rights as men. “I am amazed by the opinion of some men who claim that they do not want their daughters, wives, or kinswoman to be educated because their mores [morals] would be ruined as a result… Here you can clearly see that not all opinions of men are based on reason and that these men are wrong”(Document
The relationship between the church and women as important as any other aspect of life during this time period. The church wanted things to work in the ways in which they did, and without that the power of women might have been much more significant during this time period. The church held women at bay however, and defined the role of women which was strictly followed. Given the deep following of religious beliefs during this time period, women and the church had an unfortunate relationship that defined marriages and social
This religious justification was what confined women to the home because, to some, it proved that women were too sinful and reckless to be allowed out of the house, and were too well equipped to care for domestic life to leave (Document
Firstly, what was the women, in particular, in the eyes of husbands and fathers in the family? In early modern Europe, many people believe in that, the most appropriate place for women was the family which gives them certain responsibilities like obedient daughters, wives, and widows. Many books and theories included that women should marry and constitute their own family. These kinds of thoughts were strengthened by medical assessment about '' the biological nature of women, who were thought to be at risk of severe physical and mental illness if they did not engage in regular sexual relations.'' General belief in that time was that women were sexually more greedy, which came in sight in ribald
Women of the Medieval Times Women have always had a significant role in history even though they were treated horrible in most cases. During the Medieval Times was really the first time women were allowed to become more than just a house wife. The fight for equality has always been a struggle and even in today’s society is still an ongoing battle. Although women of lower and middle class were treated poorly in the Medieval Times, some powerful women held great responsibility and were looked up too by both men and children; despite being admired, “men were thought to be not only physically stronger but more emotionally stable, more intelligent, and morally less feeble” (Hopkins 5). “The position of women in the Medieval Society was greatly influenced by the views of the Roman Catholic Church” (Heeve).
Different societies view women in different lights. Therefore, a woman’s position is greatly different from one society to the other. The societies in question do not necessarily have to exist at the same time. Even in the same time frame, two societies could exist, where one treat women as equals to men, and another that treats women differently than men, whether better or worse. The societies in question are: Mesopotamia, Greece, China, Rome & Europe, and this essay aims to study different societies’ viewpoints on women, and to compare and contrast them against each other.
The doctrine of the spiritual equality of women, the sanctity of the marriage, and the rules of consanguinity, divorce and remarriage, though sometimes perverted to ambitious purposes, nevertheless were powerful engines influencing the Roles of Women in the Middle Ages, and raising their condition in the
Fiyinfoluwa Olufemi Professor McCaffrey ENG 1102 09 February 2016 Annotated Bibliography: Are adult children of divorce more likely unable to form an intimate relationship? Clarke-Stewart, Alison, and Cornelia Brentano. Divorce: Causes and Consequences. N.p.:
For instance, in the case of Ainan Bin Mahamud v Syed Abu Bakar Bin Habib Yusoff , the court held that Section 112 of Evidence Enactment 1950 was a statute which was implemented to all people whether they are Muslims or non-Muslims. Thus, by virtue of this provision, a child was born by a womanless than six months after the marriage was a legitimate child even though according to Islamic law, the said child is considered to be an illegitimate child. In this case, it had been proven that the Evidence Enactment prevailed over Islamic Law even though it has been mentioned as the religion of federation and Civil court has the jurisdiction to hear the
In the said case, the counsel for the appellants tried to argue before the Court of Appeal that the decision in the case Rama Chandran v The Industrial Court of Malaysia & Anor was wrong. Because the court was heard in the Federal Court, the Court of Appeal disagreed. It was also