The Kerala High Court has declared as unconstitutional the stipulation of one year of separation or more for filing a divorce petition by mutual consent under the Divorce Act, saying it is violative of fundamental rights. A division bench of the high court comprising Justice A Muhamed Mustaque and Justice Shoba Annamma Eapen also observed the Union government should seriously consider having a uniform marriage code in India to promote common welfare and the good of spouses in matrimonial disputes.