In a significant ruling, the Punjab & Haryana High Court has allowed a couple, who lived together for only 15 days, to file for divorce by mutual consent under Section 13-B of the Hindu Marriage Act (HMA), despite the general prohibition against filing for divorce within one year of marriage as per Section 14 of the HMA.
The division bench of Justice Sudhir Singh and Justice Sumeet Goel interpreted the provisions of the HMA, particularly Section 14(1), which typically restricts courts from entertaining any petition for dissolution of a marriage unless one year has elapsed since the date of the marriage. This restriction, however, comes with an exception in cases of
“exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.”
The bench stated,
“When viewed in the backdrop of the statutory scheme of the Act (HMA), unequivocally shows that the proviso to Section 14(1) of the Act does fully apply to Section 13-B of the Act as well. This legislative intent is clearly exhibited by words ‘Notwithstanding anything contained in this Act’ stipulated in Section 14(1) of the Act.”
They further added,
“The aim and objective behind the insertion of Section 13-B in the Act, via the amendment Act of 1976, further amplifies this interpretation.”
The Court was hearing the plea of a couple who began living separately within “15 days” of their marriage “due to different temperamental nature,” challenging the dismissal of their joint application under Section 14(1) of HMA by a Family Court. The bench noted,
“An analytical perusal of Section 13-B (divorce by mutual consent) of HMA shows that the same is irenic in essence as compared to Section 13 of the Act which is based on fault proving philosophy.”
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The Court emphasized that for parties to successfully get permission to file a petition under Section 13-B of the Act within one year of the date of marriage, they must fulfill the pre-requisites as provided under Section 14 of the Act. The Court should be satisfied that there are requisite grounds to accord such permission and that there is no concealment/misrepresentation on behalf of the parties.
In this case, the bench observed that both spouses are well educated, with the wife being about 37 years old and the husband about 41 years old, and “there appears to be no scope of rehabilitation of matrimonial life.” Acknowledging that the parties have lived together for a very short span and that reconciliation efforts have failed, the Court remarked,
“The parties have bright prospects of resettlement in their respective lives.”
Concluding the judgment, the Court allowed the plea, stating,
“Permission is granted to the parties under Section 14(1) of the Act to file the petition under Section 13-B of the Act before the expiry of the period of one year from the date of marriage.”
The Court also directed the Family Court to expeditiously proceed further with the petition under Section 13-B of HMA.
This ruling is a notable example of the judiciary’s responsiveness to the unique circumstances of individual cases, balancing the statutory provisions with the realities faced by the parties involved.
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