J U D G M E N T

Dated this the 9th day of December, 2022 A.Muhamed Mustaque, J.

“What God has joined together, let no one separate” is the sublime ideal read in the Bible (Matthew 19:6, Mark 10:9). Do spouses in that union have the right to separate their marriage, mutually, before the aura of the marriage period of one year vanishes, is the question presented in these matters. Two young Christians are before us. Their marriage was solemnized on 30.01.2022, in accordance with the Christian rites and ceremonies. They realised that their marriage was a mistake. The marriage was not consummated. On 31.5.2022, they moved a joint petition for divorce before the Family Court, Ernakulam, under Section 10A of the Divorce Act, 1869 (hereinafter referred to as the “Act”). The Family Court registry refused to number the same, apparently noting the bar in filing a joint petition within one year after the marriage, as referrable under of the Act. The petition was filed under Section 151 of the Code of Civil Procedure. This was taken up on the judicial side. The Family Court rejected the petition holding that one-year separation after the marriage is an essential condition to maintain a petit