The Kerala High Court on Wednesday expressed concern over the delay in enacting a uniform civil code in the country as observed by the Supreme Court.
Justice P. Bhavadasan observed that there was “no justification whatsoever in delaying indefinitely the introduction of a uniform personal law in the country”.
The court said that, unfortunately, no progress had been made even after the Supreme Court had made it clear that a uniform civil code was an absolute necessity.
The court said that some other considerations seemed to deter the legislature from having a uniform civil code.
The court observed that Article 44 was based on the concept that there was no necessary connection between religion and personal law in a civilised society. The Article provided that the State shall endeavour to secure for the citizens a uniform civil code throughout the territory of India.
The court made the observations while allowing an appeal filed by Agnes alias Kunjumol, Kochi, against her mother-in-law claiming a right over husband's residential property.
The court issued a permanent prohibitory injunction restraining her mother-in- law from dispossessing Ms. Agnes from the property until they were provided with another suitable residence by the family members of her husband.
According to Ms. Agnes, her husband, Sebastian, who was running a family business developed mental illness and murdered one of her children. He was sent to the home for the mentally-challenged.
‘No right to evict'
She said she had a right to reside in the building and her mother-in-law had no right to evict her.
On her suit, the district court found that being a Christian, there was no ‘tharawadu' for the family and Ms. Agnes did not have any right over the property.