New Delhi: The Supreme Court order stating that divorce granted by ecclesiastical tribunals has no legal sanctity is unlikely to make any significant impact on the Catholic community since the Church also considers civil court order in divorce procedures at the Church tribunals.
“There is nothing new in the order. It may not have a considerable impact on those awaiting the divorce order. It is mandatory to submit a civil court order copy to initiate nullifying procedures at the Church court. There was a similar SC order in the 1996 Molly Joseph Vs George Sebastian case,” said Syro Malabar Church spokesperson Fr Jimmy Poochakkatt.
“The decree of the Church court becomes essential if any of the parties in the case want to get their remarriage solemnised at the Church as per the Canon Law,” said Fr Poochakkattu. “Even if the civil court grants divorce, the status of husband and wife in Church records remains ‘married’ unless the Church court nullifies their marriage,” he said. “Earlier, either husband or wife could object to a remarriage in civil court saying that Church has not nullified their marriage. It will not be possible now,” he added.
Fr James Pereppadan, a Canon Law expert and judge at the Metropolitan Tribunal of the Ernakulam-Angamali Archdiocese also shared this opinion. “There is already a similar SC decision. The new order will not make any impact on those awaiting divorce. Since most of the petitioners like to get their remarriage solemnised, they will have to wait for the Church court’s decision. At present, the average time taken to complete Church court’s proceedings is six months to one year. There are cases which lasted for three-four years,” he said.
This SC order by a Bench comprising Chief Justice T S Thakur and Justice D Y Chandrachud came on a petition filed by a Bengaluru-based octogenarian Clarence Pais, who sought legal sanctity for divorce decrees granted by Church courts.