The Kerala High Court has declared that the requirement of a “one-year separation” before filing for divorce by mutual consent under the Divorce Act is unconstitutional, stating that it violates fundamental rights. The ruling was made by a division bench consisting of Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen.
The case arose when a young couple, married under Christian customs in 2022, filed for divorce under Section 10A of the Divorce Act. Their petition was initially rejected by the Family Court, citing the mandatory one-year waiting period. The couple then appealed to the Kerala High Court, seeking to have Section 10A(1) declared unconstitutional.
The High Court ruled in favor of the couple, explaining that if individuals are not allowed to present exceptional hardships during the waiting period, the law becomes oppressive. The bench emphasized that any statute that restricts the right to judicial remedy violates fundamental rights, including the right to life.
Additionally, the court instructed the Family Court to process the couple’s divorce petition within two weeks and grant the divorce decree without requiring further court appearances.
In the same judgment, the Kerala High Court suggested that the Union Government consider implementing a uniform marriage code in India to promote the welfare of couples involved in matrimonial disputes.
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