Kerala HC strikes down minimum period rule under Divorce Act | India News


NEW DELHI: Kerala high court on Friday struck down Section 10A of the Indian Divorce Act that fixed a minimum period of one year of separation to file a plea for divorce by mutual consent.
“Stipulation of the one-year period or more for the purpose of filing a divorce petition by mutual consent under Section 10A Of The Indian Divorce Act is violative of fundamental right and is declared unconstitutional,” the high court said in its order.
The high court also directed the Central government to seriously consider having a uniform marriage code in India to promote the common welfare of spouses in matrimonial disputes.
Section 10A of Indian Divorce Act, 1869, required the couple to be separated for at least two years. The couple needed to provide that they have not been living as husband and wife during this period.

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