1. This reference has been made for judicial determination of the following questions which vitally concern the jurisdiction of this Court in matrimonial matters where the parties are Christians. The questions which arise for consideration and determination of this Court are as under:

"1. Whether there is exclusion of the original jurisdiction of the High Court in matrimonial matters under the Divorce Act by virtue of the provisions of S.7, 8 and 20 of the Family Courts Act?

2. How far the amendments effected to the erstwhile Indian Divorce Act have interfered with or curtailed the original jurisdiction of the High Court in matrimonial matters under the Divorce Act?

3. If there is exclusion, how the petitions under the Indian Divorce Act in which decree nisis have been passed by the High Court should be dealt with?

4. Whether the Original Petitions under the Divorce Act, pending in the High Court, which are at the stage of prior to decree, should be transferred to the concerned Family Courts/District Courts for being dealt with in accordance with law?

5. In places where there is no Family Court, whether the District Court exercising the powers of the Family Court, can deal with the petitions so transferred?

6. Whether the original jurisdiction of the High Court in matrimonial matters under the Divorce Act is still preserved by virtue of S.4 and 6 of the said Act?

7. Considering the wider powers now given to the District Court to pass a decree absolute at the first instance itself while the High Court can only pronounce a decree nisi at the first instance under S.16 of the Divorce Act, which has to be made absolute after the expiry of six months from the date of decree, will it be appropriate to relegate the parties to the concerned Family Court/ District Court by ordering return of the petitions filed after 3.10.2001?

8. In view of the deletion of S.17 and 20 requiring confirmation by the High Court of decrees passed by the District Court/Family Court, what further step is to be taken with regard to the matters pending for confirmation by the High Court in which decrees were passed prior to 3.10.2001?"

2. The Indian Divorce Act, 1869 was enacted to amend the law relating to persons professing the Christian religion and confer upon certain courts the jurisdiction on matrimonial matters. Even prior to the enactment of the Indian Divorce Act, 1869, the High Courts in India exercised jurisdiction in matrimonial matters under the enabling provisions of the High Courts Act and the provisions of the Letters Patent establishing the High Court. Under the Act, jurisdiction was concurrently conferred on the High Court as well as the District Court in matrimonial matters. The Act also contained certain provisions which restricted the grounds on which a Christian woman could seek dissolution of marriage. Some of the High Courts struck down these restrictive provisions as discriminative and hit by Art.14 of the Constitution of India. The Law Commission of India in its 164th Report inter alia recommended that Parliament may enact a comprehensive law governing marriage and divorce and other allied aspects applicable to Christians in India. The Commission also highlighted the difficulties faced and inadequacies in the Indian Divorce Act as brought to light by several judgments of the High Courts. Since there was no consensus amongst the members of the Christian community on the proposal for unified law on marriage and divorce, Parliament thought it fit to make certain amendments in the Indian Divorce Act to remove the glaring features of discrimination brought to light. The Indian Divorce (Amendment) Act, 2001, (Act No. 51 of 2001) was enacted by Parliament for this purpose and brought into force from 3rd October, 2001.

3. The amending Act of 2001 has changed the title of the Act from 'Indian Divorce Act' to 'Divorce Act'. Prior to the coming into force of this amending Act, the High Court and the District Court had concurrent jurisdiction t