In a major decision, the Allahabad High Court has held that marriages between Hindus are considered sacrosanct. So much so that it cannot be dissolved within the one year, unless there are exceptional circumstances or exceptional depravity which is proven.
Reiterating this, a double-judge bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh stated Section 14 of the Hindu Marriage Act, 1955, which imposes a limitation of one-year on filing for divorce petitions for Hindu couples. But this one-year period can be waived off only in certain exceptional cases.
This ruling was done for a case between Nishant Bharadwaj and Rishika Gautam; the couple had a Hindu marriage and wanted to mutually dissolve their marriage under Section 13-B of the Act. However, their request for a mutual divorce was earlier denied by Family Court’s principal judge in Saharanpur. The reason: Their statutory waiting period did not get over. Bharadwaj had then appealed against the Family Court’s order in the HC, however on January 15 it was again rejected.
Stating Section 14 of the Hindu Marriage Act (1955), the HC said that the couple can file for a fresh application only after the first one-year period of their marriage is over. The HC also noted that apart from mutual incompatibility, the couple had no other major reason to file for a divorce. It said that there was “no exceptional hardship or exceptional depravity” mentioned in the application and so the dissolution of marriage cannot be done within the first one-year period.
What this means for married couples
In the Hindu culture, marriages are considered to be sacred. It is a bond not just between two people, but also their families. Few decades ago, divorces used to be rare and were considered taboo. However, over the years, the divorce rate in India has increased which shows the change in people’s attitudes towards marriages and divorce.
The Hindu Marriage Act (1955), Section 14 states that a divorce petition between two Hindus cannot be filed within the first one year from the date of their marriage, except in cases where exceptional hardship or depravity is proven. With this, the law encourages Hindu couples to pause, reflect, and work on their differences before filing for a divorce. It also emphasises on treating marriages as a sacred and important bond which shouldn’t be taken lightly.