In a significant judgment, the Kerala High Court has ruled that the one-year waiting period for filing a divorce by mutual consent under the Divorce Act is unconstitutional, as it violates fundamental rights.
The decision was delivered by a division bench consisting of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen. The ruling came in response to a petition filed by a young Christian couple who got married last year and later decided to end their marriage mutually.
The couple had jointly approached the Family Court in May to file a mutual consent divorce petition under Section 10A of the Divorce Act. However, the court rejected the plea, citing that at least one year of separation was required before filing for divorce under the law.
Challenging this decision, the couple approached the Kerala High Court, and later filed a writ petition claiming that Section 10A(1) was unconstitutional.
The High Court observed that forcing couples to wait for a year, even in cases of mutual agreement, creates undue hardship. The judges stated:
“If parties are not allowed to explain the hardships faced during the waiting period, the requirement becomes oppressive.”
The court emphasized that denying the right to approach the court for relief infringes on the right to life, which includes the right to judicial remedy.
In a landmark move, the High Court directed the Family Court to register the divorce petition, decide it within two weeks, and grant the decree without requiring the couple to appear again.
Additionally, the Court urged the Union Government to consider introducing a uniform marriage code in India to ensure fair treatment of spouses in matrimonial matters.
This decision is expected to have a significant impact on divorce laws across religious communities, especially in cases involving mutual separation.
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