2014 (2) TMI 1435

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....Adv. for Sri S. Kalyan Basavaraj, A.S.G. for R 1, Smt. Niloufer Akbar, A.G.A. for R 2, Sri Vasanth V. Fernandes, Adv. for R 3, Sri Reuben Jacob, Adv. as Amicus Curiae for R 4 and Smt. Jayana Kothari, Adv. for R 5 ORDER B.V. NAGARATHNA, J. 1. This Writ Petition has been filed in public interest to seek a declaration that Section 10-A of the Indian Divorce Act, 1869 (for short 'the Act&....

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.... year'. She has taken the contention that the expression 'two years' was in violation of Articles 14 and 21 of the Constitution as with regard to other Acts namely, Hindu Marriage Act, 1955, Parsi Marriage and Divorce Act, 1936, Special Marriage Act, 1954, all of which have only 'one year' period of separation prior to filing of the petition for divorce by mutual consent. But u....

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....ted by a learned counsel has, however, stated that the concept of divorce is alien to the Christian community but having regard to the codified law applicable throughout India, respondent No. 3 would support two years of separation keeping in mind the locus poenitentiae of the parties, rather than making it one year. 4. Respondent No. 4 is represented by amicus curiae who has stated that it rep....

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....rovision of a Central Act would be applicable throughout India. This is made clear by Hon'ble Supreme Court in Kusum Ingots and Alloys Ltd., wherein it has been stated that an order passed on a Writ Petition questioning the constitutionality of a Parliamentary Act whether interim or final keeping in view the provisions contained in Clause (2) of Article 226 of the Constitution, would have effe....