The Allahabad High Court ruled that a Hindu marriage cannot be dissolved within a year based on mutual incompatibility, requiring “exceptional hardship or depravity” per Section 14 of the Hindu Marriage Act, 1955. The court upheld a Family Court’s dismissal of a divorce petition, emphasizing the sanctity of marriage and legal process compliance.
Lucknow: The Allahabad High Court has ruled that a marriage between two Hindu persons is sacrosanct and cannot be dissolved within a year on the grounds of mutual incompatibility, unless there is “exceptional hardship or exceptional depravity” as per Section 14 of the Hindu Marriage Act, 1955.
The ruling came in response to an appeal filed by Nishant Bharadwaj, who had challenged an order by the Family Court in Saharanpur rejecting his petition for mutual divorce. The High Court upheld the family court’s decision and dismissed the appeal, stating that the one-year waiting period for filing a divorce petition must be respected, except in extraordinary circumstances.
A division bench comprising Justice Ashwani Kumar Mishra and Justice Donadi Ramesh gave the ruling, emphasizing that the Hindu Marriage Act places an embargo on dissolving marriages within the first year.
“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,”
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the court observed.
The court clarified that a marriage cannot be ended merely on the basis of mutual incompatibility and that exceptions under Section 14 apply only in cases of extreme hardship or depravity.
The case initially came before the Family Court in Saharanpur, where the couple had sought divorce by mutual consent under Section 13-B of the Hindu Marriage Act, 1955. However, the Family Court rejected their petition, citing Section 14, which requires a one-year minimum period before filing for divorce.
The couple then moved the Allahabad High Court in an attempt to overturn the Family Court’s ruling. However, the High Court upheld the earlier decision, ruling that their plea did not meet the necessary legal criteria.
The High Court reviewed the petition and found no evidence of exceptional hardship or depravity that would justify bypassing the mandatory one-year waiting period.
“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,”
the court stated.
The judges reaffirmed the sanctity of Hindu marriage, stating that it cannot be dissolved casually or without following the due legal process.
“Marriage between two Hindus is sacrosanct and its dissolution would be permissible only for the reasons permissible in law,”
the court held.
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The court emphasized that allowing divorce within a year on routine grounds would go against the intent of the Hindu Marriage Act, which aims to preserve the institution of marriage.
In its judgment dated January 15, the High Court dismissed the appeal but left the option open for the couple to file a fresh petition once the one-year period has passed.
This ruling reinforces the legal framework that governs Hindu marriages and ensures that divorce is not granted hastily without meeting the necessary conditions set by law.
Case Title: Sri Nishant Bhardwaj Vs. Smt. Rishika Gautam
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