HC: Year-long separation must before divorce

MUMBAI: The Mumbai High Court has upheld the compulsory pre-condition of a year-long separation between a husband and his wife before they could jointly file for divorce. The judgment of a bench of Chief Justice Swatanter Kumar and Justice J P Devadhar came on a first-ever challenge to the constitutional validity of the provision under Section 13B of the Hindu Marriage Act. The section imposes a year's mandatory separation before a couple, who have registered their wedding under the Hindu Marriage Act, can seek a divorce by mutual consent on grounds of an irretrievable breakdown of marriage. A young couple in their mid-20s had decided to call it quits after being married for four months and filed for divorce at the end of six months. The family court rejected their petition saying they hadn't lived separately for a year as required under the law. They found this imposition "arbitrary" and in violation of their right to move on immediately. The high court said married couples should not decide to split "in a hurried manner by impulsive decisions". "Objectivity and rationality should be the foundation of such vital decisions. Most differences can be amicably resolved," the court said.
THE TIMES OF INDIA; 1 Apr 2008, 0243 hrs IST , Swati Deshpande , TNN