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LIBERAL APPROACH TO BE ADOPTED WHILE DEALING WITH APPLICATIONS FOR DIVORCE BY MUTUAL CONSENT: Kerala High Court

Team SoOLEGAL 5 Mar 2019 2:07pm

LIBERAL APPROACH TO BE ADOPTED WHILE DEALING WITH APPLICATIONS FOR DIVORCE BY MUTUAL CONSENT: Kerala High Court

The division bench of Kerala High Court comprising Justice CK Abdul Rahim and Justice TV Anilkumar considered a plea which challenged Family Court's order of dismissing an application filed for waiving the statutory waiting period by a Christian couple. The couple had filed for divorce.

The Court's observation was followed:

"The sanctity and solemnity of marital relationships and the beauty and charm of the 'institution of the family' would be survived only when there is cordial marital relationship and cohabitation between the spouses. When there is an irretrievable breakdown, the social stigma attached on to the spouses, who are living separated due to such irretrievable break down of the matrimony, will be lessened or removed only when their separation is legalized into a valid dissolution of the marital tie."

The Bench also added:

"All endeavor from the side of the courts should be in the line of protecting such rights and facilitating such expressions of choice in one's life. Therefore a liberal approach in the matter of dissolution of marriage based on mutual consent is warranted and is fully justified. An endeavor of the courts dealing with matrimonial matters should always be to promote such situations. Once it became convinced that the marital tie has been broken and the spouses have failed in their attempts to keep the solemnity and sanctity of the 'institution of the family' and that of their marital relationship, their legal separation needs to be facilitated with utmost urgency." 

Finally, the Bench said that when the Courts are to deal with joint applications with mutual consent seeking a divorce, it should be kept in mind that choice of the life of any individual, in accordance with law, is the acceptance of identity of a person, which is constitutionally guaranteed to every citizen.

Thus, a liberal approach must be adopted while dealing with such applications.

Tagged: divorce   keralahighcourt   mutualconsent   familycourt   christiancouple   justiceCKAbdulrahimandAnilKUMAR  
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