The Indian Divorce Act’s Section 10A, which stipulates a one-year waiting time before filing for divorce by mutual consent invalidated by the Kerala High Court

In a landmark decision, the Kerala High Court on Friday quashed Section 10A of the Indian Divorce Act, which mandates a one-year waiting period before filing petitions for divorce by mutual consent.

The necessary waiting period, in this case for Christian nationals who are subject to the Indian Divorce Act, according to a division bench of Justices A Muhamed Mustaque and Shoba Annamma Eapen, affects their right to liberty.

The court made it plain that the effect on people’ rights, not the fact that the waiting period required by other personal legislation is different, is what led it to invalidate the provision.

This news is written by Ms. Amrita Singh, Research Assistant, All India Legal Forum.

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