New Delhi: Supporting the need to introduce a uniform civil code, the Delhi High Court has said “the hope stated in Article 44 of the Constitution that the State will secure for its citizens, a uniform civil company should not be hope.
Pratibha Justice M Singh said the code” General For all “in this country it is necessary and urge the central government to take the necessary steps in this matter.
His observations came while hearing the pair of couples estranged for divorce where the wife challenged the application of Hindu wedding law (HMA).
Justice Singh said,” In modern Indian society, which gradually becomes homogeneous, traditional obstacles of religion, the community and caste slowly disappeared “.
HC said residents should not be made to fight because of conflict and contradictions in various personal laws about marriage and divorce problems, highlighting that “The court has been Repeat times faced with conflicts that appear in personal law “.
“People owned by various communities, caste, and religion, which establish marriage ties, struggling with such conflicts,” he said.
HC noted that the Supreme Court has also repeatedly highlighted the need for such code, which will enable “uniform principles that are applied in connection with aspects such as marriage, divorce, succession, etc., so that principles settled, protection and procedures .
placed “, and referred to the decision of Shah Bano.
The decision said “walked back in 1985 and more than 35 years had passed”.
In the case of Shah Bano, SC said that the public civil code will assist the cause of national integration by eliminating different loyalty with laws that have conflicting ideologies.
It has observed that the state was charged with the task of securing UCC for citizens.
“It is not clear about what steps have been taken in this matter until now,” HC said and directed that his commandment was communicated to the Secretary, Ministry of Law & Justice …
for the necessary actions.
It deals with the petition where the couple belongs to the Meena community, which was released from Ambit HMA.
When the husbands looked for divorce, the wife claimed that HMA did not apply because the Meena community was a scheduled tribe that was notified in Rajasthan.
But closer supervision by HC revealed that from the beginning of litigation, both parties admitted that their marriage was declared according to the Hindu ceremony.
HC said even though no Hindu SC definition has argued that if a member of the tribe of barriers, HMA will apply to them, and allow the appeal of the husband.