Sec 10A struck down
Divorce petition within one year of marriage:
Statutes such as Section 29 of the Special Marriage Act and Section 14 of the Hindu Marriage Act, which enabled the Courts to entertain the petition to be presented before one year had lapsed from the date of marriage.
Christian has to wait one year to file divorce petition:
No such provision had been incorporated in the Divorce Act 1869 (Christian Divorce Act).
Sec.10A of the Divorce Act, 1869
S.10A of the Divorce Act, 1869 provides a minimum of one year period to file divorce cases by Christians. There is no provision for filing such petition before the lapse of mandatory one year period in exceptional circumstances.
Kerala HC struck down S.10A
Therefore this provision of 10A of the Divorce Act, 1869 was challenged before the Kerala High Court.
The Kerala High Court (the Division Bench comprising Justice A. Muhamed Mustque and Justice Shoba Annamma Eapen), on Friday 09 Dec, 2022 held that the fixation of the minimum period of separation of one year under Section 10A of the Divorce Act, 1869 is violative of the fundamental rights and struck it down.
"No remedy is provided by statute in exceptional and depraved conditions for a spouse to approach the Courts to get rid of the minimum period.
This essentially ensures that efficacious judicial remedy is provided in cases of exceptional hardships to the parties. The denial of such a remedy to Christians."
Section 10 of the Divorce Act, provides the grounds for dissolution of marriage on fault basis.
By Amending the Act in 2001, Section 10A of the Act was inserted as a provision for dissolution of marriage by mutual consent.
Case Title: Anup Disalva & Anr. v. Union of India
Citation: 2022 LiveLaw (Ker) 645
https://www.livelaw.in/top-stories/kerala-high-court-christian-divorce-strikes-down10a-divorce-act-1869-one-year-waiting-period-filing-divorce-petition-mutual-consent-216281
No comments:
Post a Comment