https://www.taxtmi.com/caselaws?id=289330 A two-year separation requirement for Christian spouses seeking divorce by mutual consent under Section 10A of the Divorce Act was held unconstitutional. The Court found no rational basis for imposing a longer waiting period on Christians than on similarly placed parties under comparable matrimonial laws, and held that the differential was arbitrary, discriminatory, and an unreasonable restraint on marital autonomy and personal liberty under Articles 14 and 21. The provision was read down to a one-year separation period. On the facts, the spouses had lived separately for more than one year and had completed the required six-month period after filing, so the statutory conditions were satisfied and divorce by mutual consent was granted. en-us Thu, 25 Feb 2010 00:00:00 +0530 Sat, 25 Jul 2020 11:53:09 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=289330 A two-year separation requirement for Christian spouses seeking divorce by mutual consent under Section 10A of the Divorce Act was held unconstitutional. The Court found no rational basis for imposing a longer waiting period on Christians than on similarly placed parties under comparable matrimonial laws, and held that the differential was arbitrary, discriminatory, and an unreasonable restraint on marital autonomy and personal liberty under Articles 14 and 21. The provision was read down to a one-year separation period. On the facts, the spouses had lived separately for more than one year and had completed the required six-month period after filing, so the statutory conditions were satisfied and divorce by mutual consent was granted. Case-Laws Indian Laws Thu, 25 Feb 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=289330