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Recently, the Kerala high court (HC) struck down the one-year waiting period (the cooling-off period) for couples seeking divorce through mutual consent, holding it unconstitutional.
Key Points
- The order said the provision contained in Section 10A of the Divorce Act (1869) robbed people of their right to liberty.
- The judgment added that “ Religion has no place in identifying common good”.
- The HC asked the Union government to consider bringing a uniform marriage law in India.
- Article 8 of the Universal Declaration of Human Rights declares that everyone has the right to an effective remedy by the competent national tribunals for acts violating fundamental rights granted by the Constitution or by law.
Section 10A of the Divorce Act (1869)
- It mandated a one-year wait from the marriage date to file the plea.
- It requires 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.
Way Ahead
- There is a need to promote the common welfare of spouses in matrimonial disputes.
- In a secular country, the legal paternalistic approach should be on the common good of the citizens rather than based on religion.
