Supreme Court says foreign divorce valid in PH

Manila (renewal) - Filipinos divorced in other countries under the laws of the Philippines are remarried, the Supreme Court said on Tuesday

Magistrate Judge 10-3 of the High Court voted that Filipino citizens are divorced from overseas foreign spouses and are valid in the Philippines.

In the case of Marelyn Tanedo Manalo, the court stated that Article 26 (2) of the Family Law states that "marriage between Filipino citizens and foreigners, and foreign spouses who divorced after divorce will be effectively promoted" There. Remarriage, Philippine spouses can remarried under Philippine law. "

The Supreme Court spokesperson Theodore Te said before the Tuesday ruling that overseas divorce was only effective in the Philippines sponsored by foreign spouses.

Judges of various opinions are Mariano del Castillo, Estela Perlas-Bernabe and Alfredo Benjamin Caguioa.

Judge Francis Jardeleza did not vote because he had participated in the case as a deputy attorney general in the past. And Judge Maria Lourdes Sereno is still on vacation.

In the case of this case, the lower court ruled that the provision of the "Family Law" above does not apply, as the spouse of the Philippines has filed for divorce.

However, the Court of Appeals court reversed the ruling and even if he suggested that a spouse of the Philippines divorce a foreign spouse, it is decided that foreigners no longer can marry Filipino and foreigners can not remarry Therefore, I regarded Article 26 of the Family Law as applied.

The Court of Appeal found that it is unfair to believe that foreigners and Filipinos who are no longer considered married to Filipinos are still married.

The Philippines and the Vatican are the only states prohibiting divorce in the world. In the Philippines, expiration is legal, but this process is expensive and can take years

Last month the House of Representatives passed the final interpretation of the divorce law. President Rodrigo de Telte expressed opposition to this measure

The five Judges of the Supreme Court include CJI J.S Khehar. His appeal raised questions about the effectiveness of "Triple Tarak". The Supreme Court stated that Triple Talaq's approach is the worst form of divorce, which is undesirable. The Supreme Court condemned Triple Talaq and regarded it as equivalent to the death penalty. Although the final judgment has not come out yet, it is clear that we can make a positive judgment through the statement of the Supreme Court. Mr. Mukul Rohatgi, Minister of Justice, guaranteed the court to propose a new law regulating marriage and divorce practices in the Muslim community if Three Talats practices were revoked. The Supreme Court also asked the All India Muslim Council whether the woman could refuse to fund Three Talax at the marriage contract.

Under the pressure of hard-line Gandhi Muslims, his government enacted a parliamentary law overturning the Supreme Court decision on the Charabano incident. Muslim women (protection of divorce rights) law in 1986 weakened the ruling of the Supreme Court, allowed to divorce women who were divorced or divorced within 90 days after divorce. More importantly, this was done after Muslim leaders protested that the verdict violated the right to comply with the community's private law. This is a consolation of orthodox Muslims and is widely believed to be a betrayal of the commitment to carry out the "unified civil law" under the Constitution. It offended many Congressional Muslims and Hindu supporters, revealing invalidity of its secular ideology. It is widely believed that Rajiv Gandhi overturned the verdict of Shash Bano is afraid of losing Muslim votes. The People's Party strongly criticized Muslim's "rise"

Under the challenge of some unfortunate divorce such as the Muslim women's movement in India, the Supreme Court of India banned the "divorce among three" approach. In theory, women can get a triple Tarak divorce, but women who started divorce may actually lose economic claims about marriage and may lose their custody. As you can imagine, Muslim men are more popular than Muslim women.