Divorce Petition – Before Lapse of One Year From the Date of Marriage

In Manish Sirohi v. Smt. Meenakshi, AIR 2007 All 211, the husband made an application for divorce and the wife took a stand in the written statement that she is not inclined to continue marital relationship with her husband. However the said application was rejected by the court below on the ground that as per Section 14 of the Act, court cannot entertain any petition for dissolution of marriage unless at the date of presentation of the petition one year has elapsed from the date of the marriage. When the matter reached the High Court, it was held as under:

            “We have gone through the provision contained under the proviso to section 14 of the Hindu Marriage Act and we find that the High Court can allow to present the present the petition before lapse of one year from the date of marriage on the ground that the lapse is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent. It appears to us that when immediately after marriage no marital relationship developed amongst themselves and they are voluntarily inclined to withdraw relationship, their life should not be allowed to be deserted. When differences have occurred which cannot be compromised if at this stage they are separated, they can be able to enjoy their happy marital life elsewhere. Continuance of the litigation will cause mental and physical harassment to them unnecessarily when both of them are not inclined to continue with the relationship at all. Both the parties have withdrawn their allegations and counter allegations against each other.”

            In catena of cases relating to  matrimonial dispute, the Hon’ble Apex Court has observed that matrimonial disputes have to be decided by courts in a pragmatic manner keeping in view the ground realties. For this purpose a host of facts have to be taken into consideration and the most important being whether the marriage can be saved and the husband and wife can live together happily and maintain a proper atmosphere at home for the upbringing of their offspring. A. Agarwal v. Principal Judge, 2019 (2) AWC 1735.

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