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Separation In Mutual Divorce For Christians

Separation in mutual divorce for Christians

  • Court: Hon’ble High Court of Kerala
  • Date: 25.02.10
  • Case No.: W.P.(C) No. 20076 of 2009-R
  • Title: SAUMYA ANN THOMAS Vs. Union of India

Following questions were raised:

  • Is the stipulation of a period of two years as the minimum mandatory period of separate residence in Sec.10A(1) of the Divorce Act right, just and fair?
  • Is it arbitrary, fanciful and oppressive?
  • Does that stipulation offend Art.14 and/or Art.21 of the Constitution?
  • Does that stipulation deserve to be read down to “one year” to save the provision from the vice of unconstitutionality?

The Hon’ble court held that:

  • The stipulation in Sec.10A(1) of the Divorce Act that the spouses must “have been living separately for a period of two years or more” is declared to be unconstitutional as the stipulation of the period of “two years” therein violates the fundamental rights to equality and the right to life under Arts.14 and 21 of the Constitution.
  • To save the provision and to avoid the vice of unconstitutionality the period of “two years” stipulated in Sec.10A of the Divorce Act is read down to a period of “one year”.

To read the full judgement, click Here.

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