The Supreme Court of India is currently grappling with a complex matrimonial issue involving Thongkomang Armstrong Changsan, India's ambassador to Cuba, who finds himself legally married to two women. The case highlights a conflict between customary tribal laws and formal legal structures, specifically the Christian Marriage Act of 1872 and the Divorce Act of 1869.
The situation arose after the Gauhati High Court ruled in 2022 that Changsan's 1994 church marriage to Neikhol Changsan remained valid, despite a customary divorce that he had obtained prior to marrying another woman. Changsan remarried after the customary divorce, and he has a daughter from each marriage.
The Supreme Court, hearing Changsan's appeal, has acknowledged the legal soundness of the High Court's judgment. However, considering that Changsan has been married to his second wife for approximately fifteen years, the court is now seeking a solution that addresses the complexities of the situation and provides a fair resolution for all parties involved.
During the proceedings, it was revealed that Changsan has been providing a monthly maintenance of Rs 20,000 to Neikhol and has also given her a house in Delhi. Neikhol, who has been representing herself in court, has alleged that Changsan has manipulated their daughter, estranging her from her. She also claims to have raised their daughter single-handedly, without any support from Changsan.
Senior advocate Menaka Guruswamy, representing Changsan, presented his perspective to the court. The Supreme Court has expressed that it has no sympathy for the Cuba envoy.
The core legal question revolves around whether a marriage solemnized under the Christian Marriage Act, 1872, can be dissolved through customary law practices involving village elders, in this case, the Songpijan village committee and 'gaonburas' in Assam's Dima Hasao district. The Gauhati High Court had definitively stated that such marriages can only be dissolved through proceedings initiated before the High Court or the district judge, as per Section 10 of the Divorce Act, 1869. This ruling effectively invalidated the customary divorce obtained by Changsan.
The Supreme Court's intervention seeks to navigate the intricate intersection of personal laws, codified statutes, and tribal customs. The court is tasked with finding a solution that upholds the law while also considering the practical realities and the need to ensure a dignified life for the first wife. The bench of Justices Surya Kant and Joymalya Bagchi is working towards a resolution that will allow Neikhol to start a new life.
