Supreme Court asked Centre to consider reducing long separation period, in Mutual divorce cases of Christians

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Mumbai: For aiding the Christian couples who are deciding to mutually divorce their marriage, our honourable higher judiciary is coming forward, on the issue of a long time span which is provided as mandatory to wait over by such couples.

The waiting time period which is mandatory in respect of such mutually dissolving the Christian marriage, is even longer than what is required to follow in respect of mutual divorce cases of couples from other community.

Hon’ble Apex Court has asked the Central Government, a week before, to consider reducing the mandatory period of two-years separation which is required for Christian Couples who are seeking mutual divorce. Even the High Court of Bombay had also expressed its regards in relation to the issue of such longer period which is mandatorily required under the provisions of the Indian Divorce Act.

Honourable High Court of Bombay, has made aforesaid observation in the case of Lancy Mendonca, who is being a resident of Mumbai city, moved to the concerned High Court challenging the law governing the marriages and divorces amongst the Christians.

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The provisions of section 10-A which was not originally given under the Indian Divorce Act, 1869, was added to the Act by the Amending Act of 2001 (51 of 2001) and the same makes provisions for dissolution of Christian Marriage by mutual consent and wherein it is specially mandating two- years separation the marriage can be legally ended through a mutual consent divorce.

A Bench of honourable Supreme Court of India, comprising the Justice Vikramjit Sen and Justice A. M. Sapre had specifically put a question stating that whether the Christians should stay under separation for the period of two years when the others from different communities are to stay separated for one year?

While requiring the answers from the Central Government, the Hon’ble Apex Court required it to speak up on the question as to why the Centre had remained abstain when, there were certain findings of the High Courts, of Karnataka, Kerala observing the said provisions as violative of freedoms enshrined under Indian Constitution and also violative of Article 14 of thereof.

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by Faim Khalilkhan Pathan.