The minimum one-year period fixed in Section 10 A of the Divorce Act, 1869, for seeking divorce by mutual consent is violative of the fundamental rights, the Kerala High Court said.
Striking down the provision of the Act, a Division Bench of the court consisting of Justices A. Muhamed Mustaque and Shoba Annamma Eapen suggested that the Union government should seriously consider having a uniform marriage code in India to promote the common welfare and good of spouses in matrimonial disputes.
The “legislation on divorce must focus on the parties rather than the dispute itself. In matrimonial disputes, the law must aid parties to resolve the differences with the assistance of the court. If a solution is not possible, the law must allow the court to decide what is best for the parties. The procedure for seeking divorce shall not be to aggravate the bitterness by asking them to fight on preordained imaginary grounds,” the court held.
The order was passed on a writ petition filed by a Christian couple, who sought to dissolve their marriage.
The court directed the Family Court concerned to number the petition of the petitioners seeking divorce on mutual consent and dispose of the same within two weeks. The Family Court shall grant a decree of divorce without insisting on the further presence of parties, the court ordered.
