India’s matrimonic law should now be based on the Uniform Civil Code (UCC) instead of the Matrimonial Causes Act, which was also passed in the previous Congress government, said a senior advocate in the Supreme Court.
“This has been a long-standing practice of the previous government.
The law has been used by the previous governments for several years, but now the practice of not following the law is being changed.
The UCC should be the law of the land, and it is not, nor has it been for the last 25 years,” said Sanjay Dutt, representing petitioner Nanda Shree Das, who sought a revision of the law in the apex court.
A senior advocate, who did not want to be identified, said the UCC had become a “major stumbling block” for the court.
“The law is still being promulgated, and there is no clarity over the matter.
It is time for the government to go through the process of revision of law.
The issue should not be left to the Supreme court,” he said.
The court was hearing a case on whether the Constitution of India protects a right to divorce, a matter that had been pending for the past five years, following the death of a man, Shree Ram, in 2014.
The Supreme Court had also rejected a plea challenging the right to marriage of the man, Ram Singh, who had been denied a divorce by the then government in a divorce petition filed by the woman, Nanda Singh.
The matter has been adjourned till April 15.