Hello all
I wanted to share the following information with members of LCI.
While disposing off a PIL relating to Sec.10A(1) of the Indian Divorce Act, 1869, Karnataka High Court has held that there should be one year separation period to file for divorce on mutual consent for Christians thereby upholding the verdict of Kerala High Court of 2010.
Sec. 10A(1) is reproduced below:
Dissolution of marriage by mutual consent
Subject to the provisions of this Act and the rules made thereunder, a
petition for dissolution of marriage may be presented to the District Court by
both the parties to a marriage together, whether such marriage was
solemnized before or after the commencement 2
of the Indian Divorce
(Amendment) Act, 2001 , on the ground that they have been living separately
for a period of two years or more, that they have not been able to live
together and they have mutually agreed that the marriage should be
dissolved.
This will bring uniformity with Section 13B of the Hindu Marriage Act, Section 32B of the Parsi Marriage and Divorce Act and Section 28 of the Special Marriage Act.
