Mumbai: The Honourable HC of Bombay provided relief to the Christian Couple against their denial of mutual divorce by the Family Court. The High Court of Bombay has nullified the order made by the Family Court and allowed the mutual consent divorce to the Couple even, in case they were not separated for mandatory period of 2 years from each other.
It was the law the legal mandate that, in case the Christian Couple seeking mutual consent divorce, then there was a legal condition that they should reside separate or apart from each other for the mandatory period of two years, however, the said barriers, notably, is not given in case of mutual consent divorce of other communities.
Dealing with the case of mutual consent divorce between Christian Couple, and considering the said mischief in law, Honourable High Court of Bombay has asked the Central Government also, as there are other laws where couple belonging to subjected communities, in case of seeking mutual divorce, are not required to reside separately for two years period, then how the same barrier is existing in the Christian communities case only?.
Besides, the Hon’ble Top Court also has taken the matter as of concerns, and recently, has asked the Central Government to consider the amending of the relevant law, i.e. Indian Divorce Act.
In the laws relating to mutual consent divorce in cases of other communities, contain the period of such separation as of only single year and not of 2 years as was given in the India Divorce Act. The provisions dealing with such unwarranted period was contained under Section 10 A(1) of the said Act and the said mandatory period of separation was challenged by the Christians across India, independently.
The matter in which the said decision was taken by the Bombay HC, is in relation to the Christian marriage which was solemnized in the year 2013 and was sought to be ended, as there were certain irrecoverable differences amongst the Couple. In the year 2014 they filed a Mutual consent divorce petition before the family court, however, the Court had rejected the same, as the petition was filed after one year’s period of their separation. But, as on the said rejection challenged by them before Bombay HC, the Court has now admitted their mutual consent divorce within the provisions of the Section 10A of the Divorce Act, 1869.
by Faim Khalilkhan Pathan.