On December 9, the Kerala High Court bench comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen observed that the time has come for a change in the law applicable to the parties in a marriage on a common uniform platform.
The Union Government should seriously consider having a uniform marriage code in India to promote the common welfare and good of spouses in matrimonial disputes, the court said.
The current law differentiates parties based on religion in regard to welfare qua matrimonial relationship, it further said.
“In a secular country, the legal paternalistic approach should be on the common good of the citizens rather than based on religion,” the court observed.
The court was hearing a plea by two young Christians who got married on January 31, 2022, in accordance with Christian rites and ceremonies. The couple soon realised that their marriage was a mistake and therefore, they did not consummate it. Thereafter, they moved a joint petition for divorce under Section 10A of the Divorce Act, 1869 before a Family Court on May 31, 2022.
The Family Court rejected the petition holding that one-year separation after the marriage is an essential condition to maintain a petition under Section 10A of the Act. Both parties challenged this order and approached the high court with a prayer to declare the waiting period of one year fixed under Section 10A(1) of the Act unconstitutional.
