HC seeks Centre's response on two-year wait period for mutual divorce for Christians

Hyderabad: The Telangana High  Court on Thursday sought the stand of the Central government on Section 10A(1) of the Divorce Act, which mandates two years of separate living by husband and wife, for mutual consent divorce or dissolution of marriage under the Divorce Act. The Divorce Act is applicable only to those who follow Christianity in India.

The Division Bench comprising Chief Justice Alok Aradhe and Justice Jukanti Anil Kumar was dealing with a petition filed jointly by a couple from Christian religion, who wished to dissolve their marriage on their personal grounds.

As both sides agreed for divorce, they approached the District Family Court at Medchal-Malkajgiri to grant them divorce under mutual consent, after the completion of one year of marriage. However, the family court refused to grant the divorce, citing Section 10A (1) of the Divorce Act, which mandates two years of waiting period.

The couple approached the High Court challenging the validity of Section 10A(1) of the Divorce Act.

Konne Shiva Kumar, the counsel for the couple, placed a reliance on the verdict of the Kerala High Court in the Saumya  Ann Thomas Vs  Union of India case, which held that the stipulation of a period of two years as the minimum mandatory period under Section 10A was arbitrary and oppressive and the period of two years has to be read as one year. These findings were already adopted by the various High Courts, the counsel said.

Further, he submitted that only one year period was stipulated to couples of other religions like Hindus, Parsis and others, wherein the Special Marriage Act, the Hindu Marriage Act and the Parsi Marriage Act are applicable. He added that the Divorce Act alone mandates a one year waiting period and the Supreme Court also stated that a six-month waiting period can be considered for the Hindu Marriage Act. “This is nothing but discrimination towards one religion and the laws should be uniform,” the counsel argued.

Considering the facts, the Telangana High Court issued notices to the Union government and Telangana state government directing them to respond in the matter.