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Kerala HC strikes down minimum period rule under Divorce Act | India News


NEW DELHI: Supreme Court of Kerala on Friday slammed India’s Section 10 Divorce The Act establishes a minimum period of one year of separation to file for divorce by mutual consent.
“The provision of a period of one year or more for the purpose of filing for divorce by mutual consent under Section 10A of the Indian Divorce Act is a violation of a fundamental right and has been declared unconstitutional,” the court said. the senior court said in its order.
The High Court also directed Center The government seriously considers having a uniform marriage code in India to promote the common welfare of husband and wife in marriage disputes.
Section 10A of the Indian Divorce Act 1869 requires the couple to be separated for at least two years. The couple needs to prove that they are not living together as husband and wife during this time.

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