The government plans to amend a law to reduce the separation period for Christian couples seeking to file for divorce by mutual consent, a move which comes against the backdrop of a Supreme Court ruling and demands by the community. Filing for divorce can be stressful for a couple, and prolonging that time can make their mental health even worse in some cases. Waiting for a specific period can make them feel like they are trapped within this separation sphere that they can’t get out of for a whole year, so amending something like this is important for couples who are certain that they want to go their separate ways. They will be able to retain legal counsel through McKinney divorce lawyers or other divorce lawyers in their area, so they can get the ball rolling and end this in the best way possible for them both.
- The Law Ministry has drafted a Cabinet note to amend the Divorce Act, 1869 to halve the separation period for couples from the present two to one year before they can file for divorce by mutual consent to bring it at par with laws governing other communities.
- The separation period under Hindu Marriage Act, Parsi Marriage and Divorce Act and the Special Marriage Act is one year.
- Section 10A(1) of the Divorce Act, added through an amendment in 2001, says that a couple seeking divorce should be living separately for a period of “two years or more”.
- Against the backdrop of a Supreme Court order delivered in April last and demands by members of the community, the Law Ministry has decided to move the proposal to reduce the separation period.
- Questioning the existing law, the Supreme Court had urged the Centre to make necessary amendments.
Law Commission on the past several occasions has also recommended amendments to the Divorce Act to make it more women-friendly.