New Delhi, March 23: The Supreme Court today sought the Centre's reply to a petition challenging a Christian divorce law provision that prescribes a minimum two-year separation before couples can file for divorce by mutual consent.

Some communities like the Hindus and the Parsis can file for divorce after a year of living separately.

The notice was issued by a bench of Justices Vikramjit Sen and A.M. Sapre on the petition filed by a Delhi-based Christian, Albert Anthony.

The petition contended that Section 10 A (1) of the Divorce Act, 1869, amounted to 'hostile discrimination' and reflected a bias against the Christian community as Hindus and Parsis could file for divorce after a year of living separately.

It said the two-year minimum period violated Article 14 (non-discrimination) and Article 21 (right to life and liberty) of the Constitution.

The impugned section of the Divorce Act, 1869, reads as follows:

'10-A. Dissolution of marriage by mutual consent. (1) Subject to the provisions of this act and the rules made there-under, a petition for dissolution of marriage may be presented to the district court by both the parties to a marriage together, whether such marriage was solemnised before or after the commencement of the Indian Divorce (Amendment) Act, 2001, on the ground that they have been living separately for a period of two years or more, that they have not been able to live together and they have mutually agreed that the marriage should be dissolved.'

According to the petitioner, the provision for divorce by mutual consent in other statutes such as Section 28 of The Special Marriage Act, 1954; Section 13-B of The Hindu Marriage Act, 1955; and Section 32 B of The Parsi Marriage and Divorce Act, 1936, prescribe the statutory period of separation as one year.

'Consequently, it acts as oppression to the members of Christian community intending to seek divorce by mutual consent. Only on the basis of religion there exists a hostile discrimination as only the Christians, who are governed by the provisions 10 A (1) of the Divorce Act, require to observe separation for a period of two years before applying for divorce by mutual consent,' the petition said.

'However, members of other communities are required to observe separation for a period of one year only before applying for divorce by mutual consent under similar provisions in other statutes.'

The petition said in the Saumya Ann Thomas Vs Union of India, 2010, case, Kerala High Court had held that Section 10 A (1) of the Divorce Act, 1869, was 'unconstitutional' as it violated the fundamental rights to equality and the right to life under Articles 14 and 21 of the Constitution.

Subsequently, in the Shiv Kumar Vs Union of India and Others (2014) case, Karnataka High Court had agreed with the Kerala High Court decision in the Saumya Ann Thomas case.

The benefit of these two judgments were being denied to Christians in other states, the petition said, seeking a direction to the Centre to amend the act so that the period of separation is cut to one year.