11/12/2022
The High Court said that in matrimonial disputes, the law must aid parties to resolve the differences with the assistance of the Court. This new matrimonial procedure is highly efficient and it allows parties to be more involved in their own case. The High Court said that the legislation on divorce must focus on the parties rather than the dispute itself.
This means that courts should be more focused on what is best for both parties and not just one of them because of a disagreement. This is an important decision in deciding what is best for both parties. The High Court held in its judgment that the fixation of the minimum period of separation of one year as stipulated under Section 10A is violative of the Constitution .The High Court held that the impugned provisions of Section 10A of the Act were violative of Article 14, 15 and 21 of the Constitution