Kochi, Feb 26, 2010 (Manorama) – The honourable High Court of Kerala, has ruled that couples who seek divorce by mutual agreement need to stay separated just for one year. Earlier, according to the relevant law (section 10A (1), couples had to wait for two years. This ruling is binding on Christian couples too who seek divorce by mutual consent.

The ruling was given by a division bench consisting of Justice R. Basant, and M. C. Hari Raniin response to a case file by a couple – Soumya and Praveen – from Trivandrum. The court was considering the legal point whether it is just and proper for a law to force two years of separation on a couple who had mutually agreed to seek divorce before they are granted legal divorce.

According to Hindu Marriage Act and a Special Marriage Act, couples need to wait just for a year in separation. However, in the amendment that came in 2001 in a Divorce law, the period stipulated was increased to two years. The couple argued that this was unfair and discriminatory.

There was probably a reason behind such a long period of separation that the state imposed on couple who sought divorce. Perhaps the state wanted to make these couple reconsider their decision to divorce each other. However, if the period of separation that is legally stipulated is different for people of different religions, then there is a prima facie case of discrimination, observed the court ruling.

Such discrimination goes against the fundamental right to life, noticed the court. A court has the right to strike down any legal provision if it feels that the law under consideration is contrary to the fundamental rights enshrined in the Constitution of India.

According to Christian Personal Law, there is no provision for getting a legal divorce by mutual consent. However, in this instant, since this Christian couple had lived apart from each other for the past one year, the court granted them divorce. Thus the honourable Court, through this case, has set a binding precedence in Kerala.