New Delhi – Advocate Pinky Anand, on behalf of BJP leader and advocate Ashwini Kumar Upadhyay, filed a petition in the Supreme Court seeking uniform guidelines on divorce while still adhering to international alliances and the Indian constitution. The Supreme Court had sought the Centre’s response. At present Hindus, Sikhs, Buddhists and Jains can seek divorce under the Hindu Marriage Act while there are different sets of personal laws for Muslims, Parsis and Christians. A person marrying a foreigner can seek divorce under the Foreign Marriage Act. According to Hindu Marriage Act the divorce can be sought on the grounds of child marriage, leprosy, impotency etc.; however the same grounds are nullified under other Personal Laws.
The petition seeks uniform guidelines on divorce, maintenance and alimony. There should be no discrimination on the basis of religion, caste, gender and class.