Kochi: High Court against having to wait a year to get divorce. The condition that couples applying for mutual divorce must wait one year after marriage cannot be accepted. The court also observed that this is unconstitutional.
The family court had rejected the couple’s plea for separation on the grounds that it had not been a year since their marriage. The High Court then considered the petition filed against the order of the family court.
It is unconstitutional to require a couple to complete a year of marriage when they decide to divorce each other. Family Courts should not dismiss divorce petitions on the basis of the one-year requirement. The High Court also observed that asking to wait is a violation of fundamental rights. Also, the High Court has directed the family court to consider the divorce application of the couple urgently and decide it within two weeks.
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