Bahrain’s court invokes Hindu marriage law in divorce case

Manama: Bahraini high administrative court has ruled in favour of Hindu marriage law in a divorce case on the basis of the Hindu marriage act of 1955 in an Indian couple’s divorce case. The move was in line with article 21 of Bahraini law, local media reported on Monday.

An Indian man has approached the court seeking a divorce from his wife, who has been away from him for the past 10 years. The court ruled in accordance with Article 21 of Bahrain’s law that judgments in non – Muslim cases can be based on the law of the country in which their marriage was registered.

As per the media reports, the couple, who were married in 1997, lived together for 12 years until 2009, when they had problems. The two later lived in separate places due to disputes which were proven by the two witnesses produced by the husband The court accepted his arguments and granted the divorce on the basis of witness statements.

According to the Hindu marriage act of 1955, divorce is allowed for those who leave for a period of not less than two years. In such a case, the wife or husband can file for divorce.

But this is not the first time a court in Bahrain has considered a case based on Hindu marriage law in India.

In the year 2020, another Indian couple filed for divorce in the major civil court. The husband had approached the court to show that his wife had abandoned him for two years, but the court dismissed the case as the complainant could not produce any evidence or witnesses. The court also ordered the complainant to bear the costs.

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