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    <title>2015 (5) TMI 1270 - BOMBAY HIGH COURT</title>
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    <description>Section 10A(1) of the Divorce Act, 1869 was considered in light of a constitutional challenge to the two-year separation requirement for divorce by mutual consent. The analysis notes that the provision had been read down to one year to address equality and life concerns, and that a High Court ruling on the constitutional validity of a Central enactment operates throughout India subject to the Act&#039;s applicability. On the facts, the spouses had lived separately for more than one year and filed the petition jointly, so the Family Court&#039;s refusal to entertain the petition could not stand and the marriage was dissolved by mutual consent.</description>
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      <link>https://www.taxtmi.com/caselaws?id=463725</link>
      <description>Section 10A(1) of the Divorce Act, 1869 was considered in light of a constitutional challenge to the two-year separation requirement for divorce by mutual consent. The analysis notes that the provision had been read down to one year to address equality and life concerns, and that a High Court ruling on the constitutional validity of a Central enactment operates throughout India subject to the Act&#039;s applicability. On the facts, the spouses had lived separately for more than one year and filed the petition jointly, so the Family Court&#039;s refusal to entertain the petition could not stand and the marriage was dissolved by mutual consent.</description>
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      <pubDate>Fri, 08 May 2015 00:00:00 +0530</pubDate>
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