1-year separation condition for divorce unconstitutional

The condition of living separately for one year or more after filing a petition for divorce by mutual consent has been held by the Kerala High Court as unconstitutional. The court says that this rule of the Divorce Act is a violation of the fundamental rights of the people.
The Division Bench of Justice A. Muhammad Mustaque and Justice Shobha Annamma Eapen also said that the Central Government should implement Uniform Marriage Code in the country so that the interest of both husband and wife is maintained in case of dispute in marriage.
The court held that this law discriminated between husband and wife on the basis of religion. Regarding this, the court said that in a secular country like India, the approach to the legal process should be focused on the welfare of the people and not on their religion. The court said that the work of the government is to promote the welfare and betterment of the people and religion has no place in it.
The High Court was hearing a petition by a young Christian couple. The couple had called the law of separation of at least one year for divorce under Section 10A of the Divorce Act, of 1869, against their fundamental rights. The court has said that this law should be removed.
The High Court also directed the Family Court to dispose of the couple's divorce petition within two weeks and grant them divorce without calling the court again for both parties.
The court said that the intention of the judiciary in enacting laws to regulate the process of obtaining a divorce cannot be doubted as their main objective is to do good to the people and society.
The court said that the lawmakers know what is best for the couple and the community. But this law is causing more problems than good. In present times, the Family Court has become another battleground, where both the parties seeking divorce add to their miseries. Now the time has come to bring a change in this law.