The marriage of the parties was solemnized as per Christian rites and ceremonies. On realizing that their marriage was a mistake, and not having consummated the marriage, the parties filed a joint petition for divorce before the Family Court. However, the Family Court registry refused to number the same, due the bar in filing a joint petition within one year after the marriage, as stipulated in law.  The legislature cannot take away liberty without adequately safeguarding the interest of the individuals whose interests to seek remedy are affected even if such legislation intends to achieve laudable objects. The Kerala High Court held that fixation of the minimum period of separation of one year or more under the law, was violative of the fundamental rights of spouses and declared S. 10A (1) of the Divorce Act as unconstitutional.