This Act extends to the whole of India except the State of Jammu and Kashmir.Extent of power to grant relief generally,-Nothing hereinafter contained shall authorise any Court to grant any relief under this Act except where the Petitioner or respondent professes the Christian religion, and to make decrees of dissolution,and to make decrees of dissolution,-or to make decrees of dissolution of marriage except where the parties to the marriage are domiciled in India at the time when the Petition is presented, or of nullity.or of nullity.- or to make decrees of nullity of marriage except where the marriage has been solemnized in India and the Petitioner is resident in India at the time of presenting the Petition, or to grant any relief under this Act, other than a decree of dissolution of marriage or of nullity of marriage, except where the Petitioner resides in India at the time of presenting the Petition.
Simplified Explanation
This section defines two key aspects: territorial extent and eligibility conditions for granting relief under the Act. Let’s break this section into its major elements for better understanding.
1. Extent of the Act:
- The Act is applicable to the whole of India, except the former State of Jammu and Kashmir (as it stood prior to the abrogation of Article 370 in 2019).
- Why this exclusion? At the time, Jammu and Kashmir had special autonomy and its own set of personal laws.
2. Limitations on Power to Grant Relief:
The section emphasizes specific conditions under which courts can exercise jurisdiction and grant relief under the Indian Divorce Act. These conditions include religious affiliation, domicile, and residence, as outlined below:
A. Relief Limited to Christians:
- Only individuals who profess the Christian religion (Petitioner or Respondent) can seek relief under the Act.
- Why this clause? The Act was originally drafted as personal law specifically for Christians in India, and this distinction has been retained.
B. Decrees of Dissolution of Marriage:
- A decree of dissolution of marriage (divorce) can only be granted if the parties are domiciled in India at the time of filing the petition.
- Domicile refers to the place where an individual has their permanent home or principal establishment with the intention to return.
C. Decrees of Nullity of Marriage:
- A decree of nullity of marriage (declaring the marriage void) can only be granted if:
- The marriage was solemnized in India, and
- The Petitioner resides in India at the time of filing the petition.
D. Other Forms of Relief:
- Reliefs other than a decree of dissolution or nullity (e.g., judicial separation, maintenance, or custody) can be granted only if the Petitioner resides in India when filing the petition.
Purpose of Section 2:
This section establishes jurisdictional boundaries to ensure that:
- The Act applies to only relevant parties (Christians).
- Relief under the Act is granted only in cases with substantial ties to India (through domicile, residence, or solemnization of marriage).
Key Takeaways:
- Religion-based Applicability: This law is specific to Christians, highlighting its role as a personal law.
- Territorial Jurisdiction: Emphasizes domicile, residence, and place of marriage to determine the court’s authority.
- Focused Scope: Limits its relief provisions to avoid overstepping boundaries in international or non-Christian cases.
