Year-round separation clause unconstitutional; Kerala High Court’s verdict on divorce

Kochi : The Kerala High Court held the condition of separation for one year or more if a divorce petition is filed by mutual consent unconstitutional under the Divorce Act. It is said to be a violation of fundamental rights.

Justice A. said that the central government should seriously consider having a uniform marriage code in the country for the benefit of both (husband and wife) in matrimonial disputes. A bench of Muhammad Mushtaq and Justice Shoba Annam Appen said.

Observing that ‘in a secular country like India the law relating to matrimonial relations differentiates between parties on the basis of religion’, ‘the view of legal paternity should be in the interest of citizens and not based on religion; Also the state is for the welfare and betterment of the citizens. The High Court has also said that religion should not be given a place while identifying the interests of the citizens.

The High Court directed the family court to dispose of the divorce petition filed by a Christian couple within two weeks and granted the divorce without insisting on the presence of the parties.

Hearing on Equal Marriage Age

The Supreme Court has asked the central government to explain its stand on a petition by the National Commission for Women, which demanded that both men and women should be 18 years of age for marriage in all communities. On the petition, Chief Justice Dhananjay Chandrachud and Justice. P. S. The hearing was held before Narasimha’s bench. The bench also sought a response from the government on the demand that marriage of a minor Muslim girl should be made a punishable offense under the law.