Kerala High Court: One-Year Waiting Period for Mutual Divorce Violates Fundamental Rights
In a landmark judgment, the Kerala High Court ruled that the mandatory one-year separation period before filing for mutual divorce under the Divorce Act is unconstitutional. The court stated that this requirement violates fundamental rights by restricting access to legal remedies.
Case Background
A division bench comprising Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen delivered the verdict while hearing a petition filed by a young couple. The couple, who married under Christian customs, sought divorce through a joint petition in the Family Court in May under Section 10A of the Divorce Act. However, the Family Court rejected their plea, citing the requirement of a one-year separation period.
Challenging this decision, the couple approached the Kerala High Court, arguing that the mandatory waiting period caused unnecessary hardship. They also filed a writ petition seeking to declare Section 10A(1) of the Divorce Act unconstitutional.
Court’s Observation
The High Court observed that forcing couples to endure a waiting period without considering their unique circumstances could be oppressive. The judges ruled that if statutory provisions prevent access to judicial remedies, such laws should be struck down as they violate fundamental rights.
“The right to life includes the right to seek judicial remedy,” the court emphasized.
Key Rulings and Recommendations
- The High Court directed the Family Court to process the couple’s divorce petition within two weeks and grant a divorce decree without requiring further appearances.
- The judgment also urged the Union Government to consider implementing a uniform marriage code to ensure fairness in matrimonial disputes.
This ruling is expected to have significant implications for divorce laws in India, providing relief to couples seeking mutual separation without unnecessary delays.
Be a part our social media community:
Facebook: https://www.facebook.com/IndianMan.in?mibextid=ZbWKwL
Instagram:
https://www.instagram.com/indianman.in?igsh=MWZ2N3N0ZmpwM3l3cw==
