R. Basant, J.—Is the stipulation of a period of two years as the minimum mandatory period of separate residence in Section 10A(1) of the Divorce Act right, just and fair? Is it arbitrary, fanciful and oppressive? Does that stipulation offend Article 14 and/or Article 21 of the Constitution? Does that stipulation deserve to be read down to “one year” to save the provision from the vice of unconstitutionality? These interesting contentions are raised for our consideration in this Writ Petition.

2. These questions arose for consideration before us in this Writ Petition as also in WP (C) No. 24219/08. Both were heard together. We have had the advantage of hearing Sri. G. Shrikumar, the learned counsel who was requested to render assistance as amicus curiae to this Court. We have also heard the arguments of Advocates M/s. T.S. Harikumar, Liji J. Vadakkedom, H.B. Shenoy and T.P.M. Ibrahim Khan, the learned Assistant Solicitor General of India. W.P. (C) No. 24219/08 is being disposed of by a separate judgment in view of certain vital difference in the facts scenario in that case. In fact we note that the bulk of arguments were advanced in W.P. (C) No. 24219/08. We must straightaway