Hindu marriage is sacrosanct can’t be dissolved within one year untill exceptional circumstances

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The Allahabad High Court has ruled that a marriage between two Hindus is considered sacrosanct under the Hindu Marriage Act, 1955. Consequently, such a marriage cannot be dissolved within one year from the date of the wedding on grounds of mutual incompatibility, except in cases where there is evidence of exceptional hardship or exceptional depravity, as outlined in Section 14 of the Act.

The case in question involved a couple who sought a mutual divorce under Section 13-B of the Hindu Marriage Act, 1955. Their petition for the dissolution of marriage was dismissed by the principal judge of the Family Court in Saharanpur. The reason cited for the rejection was the failure to meet the mandatory one-year waiting period as stipulated under Section 14 of the Act.

A division bench of the Allahabad High Court, comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh, upheld the Family Court’s decision. The judges emphasized that Section 14 of the Hindu Marriage Act places a clear restriction on filing for divorce within one year of marriage. However, an exception to this rule exists if the petition demonstrates “exceptional hardship” or “exceptional depravity” suffered by one or both parties.

The court noted that in this particular case, the couple’s petition cited only routine grounds of mutual incompatibility. No extraordinary circumstances were presented that would qualify as exceptional hardship or depravity under the legal framework. The bench observed that such circumstances must be substantial and compelling to warrant an exemption from the statutory one-year waiting period.

In their judgment, the court remarked, “The application presented by the parties reveals no circumstances that could be classified as exceptional hardship or exceptional depravity. Therefore, the jurisdiction under the proviso to Section 14 of the Hindu Marriage Act cannot be invoked in this matter.”

The High Court further elaborated on the purpose of Section 14 of the Act. It stated that the provision serves a significant legislative objective, which is to uphold the sanctity of marriage. By mandating a minimum period of one year before a divorce can be sought, the law aims to provide an opportunity for reconciliation and to preserve the institution of marriage. The court underscored that marriage between two Hindus holds a sacrosanct status, and its dissolution cannot be permitted lightly or without adherence to the statutory guidelines.

The judges clarified that the dissolution of marriage within one year is permissible only in exceptional cases as explicitly provided in the law. Routine reasons, such as mutual incompatibility or irreconcilable differences, do not meet the threshold required for exemption from the one-year limitation.

“The legislature has wisely imposed this one-year restriction to prevent hasty decisions and ensure that marriage, a sacred bond, is not dissolved casually. For a petition to qualify for early consideration, there must be specific and exceptional circumstances justifying such a move,” the bench stated.

The court, therefore, dismissed the first appeal filed by Nishant Bharadwaj, who had challenged the Family Court’s decision. While rejecting the appeal, the bench left it open for the couple to file a fresh petition for divorce after one year from the date of their marriage had elapsed.

In its judgment delivered on January 15, the court reiterated the importance of adhering to the procedural safeguards enshrined in the Hindu Marriage Act. It concluded that the parties could revisit their decision and seek dissolution of their marriage after fulfilling the statutory time frame, thereby aligning with the legislative intent and legal provisions of the Act.

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