The judgment came in a plea by two young Christians who got married as per religious rites in January this year. They soon realised their marriage was a mistake, did not consummate it, and moved a joint petition for divorce under Section 10A of the Divorce Act before a Family Court by May.
The Family Court rejected the petition holding that one-year separation after the marriage is an essential condition to maintain a petition under Section 10A of the Act.
Challenging this order, both parties approached the High Court. On realising that the bar was created by a statute, the couple moved a writ petition to declare that provision unconstitutional.
Source: Barandbench
