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Couples filing for divorce are exempt from a ‘one-year separation clause’!

A provision that required Christian couples to wait at least a year before moving forward with a divorce suit has been removed by the Kerala High Court. According to sources, the division bench composed of Justice Muhammed Mushtaq and Justice Shoba Annamma Eapen stated that the section is against constitutional principles and against fundamental rights.

Considering the couple’s appeal after the Ernakulam Family Court denied their request for a divorce due to their failure to abide by the provision. Notably, the petitioners wed on January 30, 2022, in a Christian ceremony, but then filed for divorce on May 31, 2022, claiming they could not cohabitate. A Christian couple cannot seek for divorce within a year, according to Divorce Law section 10(a). In response, the petitioners appealed to the High Court.

Only the divorce petition may be taken into consideration prior to one year in unusual circumstances, according to the Special Marriage Act and Hindi marriage law. Notably, the period of time during which a couple may not apply for divorce was first set at two years; however, this was eventually shortened to one year, in line with other faiths’ wedding regulations.


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