Section 10A introduced by the 2001 Amendment now allows all marriages whether solemnized before or after such amendment to be dissolved by mutual consent provided that the parties to such marriage have been living apart for at least 2 years. Section 32B of the Parsi Marriage and Divorce Act, s. 28 of the Special Marriage Act and, since 1976, the Hindu Marriage Act, similarly permit divorce by mutual consent but the requirement is that parties should have been separated for one year only.
 
 The difference in the period of separation for Christian spouses with spouses of other religious denominations is patently arbitrary and violative of Arts. 14 and 15 since the distinction is on the basis of religion only.
 
 A Division Bench of the High Court of Kerala in Saumya Ann Thomas, has so held and has in addition found the provision to be violative of Art. 21 as it was unreasonable and oppressive.
 
 The section has been read down by the Court by substituting a period of one year of separation to bring it in conformity with the provisions of other laws and thereby avoided the vice of unconstitutionality.
 
 A Division Bench of the Karnataka High Court, followed the decision in Saumya, and has read down s. 10A to bring it on par with similar provisions in other statutes relying on the observation of the Supreme Court in Kusmn Ingots and Alloys Ltd.,2° that an order passed on a writ petition questioning the constitutionality of a parliamentary Act, whether interim or final keeping in view the provisions contained in cl. (2) of Art. 226 of the Constitution of India, will have effect throughout the territory of India. No doubt a law declared constitutionally bad by a High Court of one State cannot, like the Curate's egg, be constitutionally good for other States.
 
 Therefore, although the matter is pending decision before the Supreme Court, as matters now stand s. 10A must be read as if the mandatory period of separation prior to a petition for divorce by mutual consent is one year instead of two.
 
 For More Details on Christian law and Christian Marriage Act Consult Adv.T.Choudhury at ph no: 09650499965
 
 Also check:
 Mutual Divorce in India
 Divorce Lawyers in India
 Family Laws in India