Hindu marriage can’t be dissolved within a year unless in exceptional circumstances: HC

Hindu marriage can’t be dissolved within a year unless in exceptional circumstances: HC

Hindu marriage can’t be dissolved within a year unless in exceptional circumstances: HC ByHT Correspondent, Prayagraj Jan 29, 2025 02:42 AM IST Share Via Copy Link “Marriage between two Hindus is sacrosanct and its dissolution would be permissible only for the reasons permissible in law,” the Allahabad HC observed.

The Allahabad high court has held that the marriage between two Hindu persons is sacrosanct and, therefore, it cannot be dissolved within a year on the grounds of mutual incompatibility, unless there is exceptional hardship or exceptional depravity as provided under section fourteen of the Hindu Marriage Act, 1955.

It was observed that in the present matter, except for the routine ground for mutual incompatibility, no exceptional circumstance was shown to exist to allow parties to file for divorce within one year of marriage. (For representation)

The parties in the case had filed for mutual dissolution of their marriage under Section 13-B of the Hindu Marriage Act, 1955. However, the same was rejected by the principal judge of Family Court in Saharanpur on the grounds that the minimum period for moving the application as provided under section 14 of the Act, had not elapsed.

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Giving this judgement, a division bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh noted that Section 14 provides for a one-year limitation from the date of marriage to file for divorce with the exception that such a petition can be entertained if there is exceptional hardship or exceptional depravity.

It was observed in the present matter, except the routine ground for mutual incompatibility, no exceptional circumstance was shown to exist to allow parties to file for divorce within one year of marriage.

It said that application showed “no exceptional hardship or exceptional depravity” so as to invoke jurisdiction under the proviso to Section 14 of the Act.

The court held that divorce petition can be rejected where no exceptional circumstance or exceptional depravity has been shown to invoke the proviso to Section 14 of the Act.

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“The provision contained under section 14 of the Act has a laudable object to subserve, inasmuch as the legislature has put an embargo in entertaining an application for dissolution of marriage, within one year for specific performance. Marriage between two Hindus is sacrosanct and its dissolution would be permissible only for the reasons permissible in law. On routine grounds of mutual incompatibility between the parties, it would not be open for the parties to seek exemption from one year limitation in filing such petition, the court added.

Accordingly, the court in its judgement dated January 15 dismissed the first appeal filed by one Nishant Bharadwaj challenging the order of the family court leaving it open for the parties to move a fresh application after expiry of one year period.