Kerala HC strikes down one-year separation clause for Christian couples filing for divorce

The Kerala High Court has omitted a clause which mandated Christian couples to wait for at least one year before they could mutually move ahead divorce petition.

As per reports, the division bench consisting of Justice Muhammed Mushtaq and Justice Shoba Annamma Eapen said that the clause is against constitutional values and against fundamental rights.

Hearing a plea of a couple whose divorce petition was rejected by Ernakulam Family Court for not following the clause.

Also Read: The Mirza Malik Show trailer: Shoaib head over heels for Sania; release date not confirmed

Notably, the petitioners had married in a Christian wedding on January 30, 2022, however, they applied for a divorce petition on May 31st as they failed to live together.

The Divorce Law section 10(a) stated that a Christian couple cannot file a divorce petition within one year, with this the petitioners approached the High court against this order.

The Special Marriage Act and Hindi marriage law state that in rare cases only the divorce petition can be considered before one year.

Notably, the stipulated time frame for a couple not to file for a divorce was not before two years of marriage, however, this was later reduced to one year like the wedding laws of other religions.