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The High Court of Kerala dealt with a matrimonial dispute between a Christian couple, who mutually agreed to divorce each and expressed their intention to waive off the statutory stipulation on waiting period. The Division bench comprising Justice CK Abdul Rahim and Justice TV Anikumarobserved that liberal approach should be adopted in waiving off the stipulation of the waiting period.
The couple filed an application seeking a quick remedy to the legal dispute before the court. The Court said that the divorce by mutual consent was a secular concept, and no discrimination based on religion could exist in cases of persons divorcing each other on mutual consent.
The findings in a Supreme Court case Amardeep Singh (supra) elucidate that the stipulation was not mandatory but directory in nature.Hence, a liberal approach could be taken in cases of dissolution of marriage taking place on mutual consent.
The High Court observed that the sanctity and solemnity of marital relationship are sustained only during the existence of cohabitation and cordial relationship between the spouses. Where there was an inevitable breakdown in the matrimonial institution, the social stigma attached on to the spouses would be lessened or removed only by legalizing their dissolution of marriage.
Therefore, while considering the joint application filed the Christian couple, the court said that the parties should keep in mind the choice oflife of any individual, in accordance with the law, is accepting the identity of a person, which was constitutionally guaranteed to every citizen. The court should protect such rights and facilitate the expression of choice in one’s life. Hence, the liberal approach in the instant case was justified and warranted. It was imperative to expedite the matter when the court is convinced that the matrimonial home did not exist any further.
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