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Christian Wife Cannot File Divorce Petition at Place of Current Residence Under the Divorce Act; Parliament Urged to Amend the Law: Kerala High Court

06 Jul 2026 4 min read
Christian Wife Cannot File Divorce Petition at Place of Current Residence Under the Divorce Act; Parliament Urged to Amend the Law: Kerala High Court

The Kerala High Court has held that courts cannot expand the scope of Section 3(3) of the Divorce Act, 1869 through judicial interpretation to permit a Christian wife to file a divorce petition before the Family Court where she is presently residing. The Court observed that adding such a provision is the responsibility of Parliament and not the judiciary. While dismissing the writ petition, the Court requested the Union Government…

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