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TMI Blog2014 (2) TMI 1435X X X X Extracts X X X X X X X X Extracts X X X X ..... Kusum Ingots and Alloys Ltd. [ 2004 (4) TMI 342 - SUPREME COURT ], what follows is that Section 10A(1) of the Act has been held to be unconstitutional being violative of Articles 14 and 21 of the Constitution. However, to save it from the vice of unconstitutionality, the expression of 'two years' has been read down to 'one year' in sub-section (1) of Section 10A of the Act. The Kerala High Court's pronouncement on the constitutionality of a provision of a Central Act would be applicable throughout India. This is made clear by Hon'ble Supreme Court in Kusum Ingots and Alloys Ltd., wherein it has been stated that an order passed on a Writ Petition questioning the constitutionality of a Parliamentary Act whether interi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ession 'two years' in Section 10-A of the Act as 'one year'. We have heard learned counsel for the petitioner and learned counsel for the respondents. 2. Learned counsel for the petitioner has brought to our notice a decision of a Division Bench of the Kerala High Court in Saumya Ann Thomas v. The Union of India others [2010 (1) KLT 869] : ILR 2010 (1) Kerala 805, to contend that Section 10A(1) of the Act has been read down and the expression 'two years' is to be read as 'one year'. She has taken the contention that the expression 'two years' was in violation of Articles 14 and 21 of the Constitution as with regard to other Acts namely, Hindu Marriage Act, 1955, Parsi Marriage and Divorce Act, 1936, S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orking for the welfare of women has supported the petitioner. 6. Having heard learned counsel and on perusal of the judgment of the Kerala High Court in Soumya Ann Thomas, as well as the judgment of the Apex Court in Kusum Ingots and Alloys Ltd., what follows is that Section 10A(1) of the Act has been held to be unconstitutional being violative of Articles 14 and 21 of the Constitution. However, to save it from the vice of unconstitutionality, the expression of 'two years' has been read down to 'one year' in sub-section (1) of Section 10A of the Act. The Kerala High Court's pronouncement on the constitutionality of a provision of a Central Act would be applicable throughout India. This is made clear by Hon'ble Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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