Kochi: The High Court has said that it is not acceptable for couples who apply for mutual divorce to have to wait for a year. The court criticized the provision that couples should wait for a year to apply for divorce. The court was referring to marriages according to Christian rites.
The requirement to wait one year after marriage for mutual consent divorce is unconstitutional. The court also observed that the waiting clause is a violation of fundamental rights. The court said that the family courts should not reject the application on this account.
The High Court’s reference was while considering a petition against the family court’s order rejecting the divorce petition citing the condition that the marriage had not been completed for one year. The High Court directed the concerned family court to consider the application urgently and dispose of the divorce petition within two weeks.
English Summary: Provision of waiting one year for divorce is unconstitutional, says Kerala High Court