KOCHI, Oct 23: The Kerala High Court today observed that without appropriate amendments to the Indian Divorce Act, divorce could not be granted in Christian marriages on grounds of insanity.A division bench comprising justice K Usha and justice G Sivarajan while dismissing an appeal by one George John, whose petition to declare his marriage null and void on grounds of his wife's insanity was rejected by a single judge, held that Christian marriages were bound by the provisions of Indian Divorce Act, in which insanity was not a ground for divorce.
The bench said, however as per the Hindu Marriage Act, a decree for divorce could be obtained on the ground that wife or husband had been of unsound mind for a continuous period of not less than three years immediately preceding the marriage.
``It may not be open for the court to add a new ground to Section 10 of the Indian Divorce Act for getting a decree of dissolution of marriage,'' the bench held, adding that this anomaly could be corrected only throughthe legislature by bringing in appropriate amendment to the statute.
Copyright © 1998 Indian Express Newspapers (Bombay) Ltd.