Divorce before one year of completion of Marriage
- ByAdmin --
- 16 Jul 2024 --
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DIVORCE BEFORE ONE YEAR OF COMPLETION OF MARRIAGE
A divorce signifies the official termination of a marriage and is more conclusive than a separation, involving a legal procedure. In the past, divorce was unfamiliar as marriage was viewed as an unbreakable bond between a husband and wife. The Hindu law was systematized and the Hindu Marriage Act, 1955, was established to regulate marriages. Within this Act, section 13 of the Hindu Marriage Act, 1955 addresses divorce and its reasons.
Section 13 of HMA, 1955- Ending a marriage formally is what constitutes a divorce. It is a more conclusive step compared to a mere separation and necessitates going through a legal process. Section 13 contains detailed conditions for obtaining a divorce under the Hindu Marriage Act. Within this section, various grounds and conditions are defined, permitting divorce to be sought in the courts of law. It's noteworthy that Clause 1-A, which was incorporated in HMA 1955, provides grounds for divorce by either party. However, Clause 2 of Section 13 specifically outlines grounds for females to seek divorce.
Section 14 of HMA, 1955- The Hindu Marriage Act, and 1955’s Section 14 states that no marriage can be dissolved within the first year of marriage. However, exceptions exist if proper sections are cited and sufficient evidence is provided during the filing of the petition. The Indian Marriage Act emphasizes giving all marriages an opportunity for reconsideration and reconciliation, taking into account the mental, emotional, and financial investments and potential damages for both parties involved. Additionally, special consideration is given if any child or children are born from the marriage.
The principle of a fair trial is established in Section 14, stating that if there is adequate rather than complete compliance with advisory provisions of law, it can be considered as being complied with.
The Section also mentions that under circumstances of exceptional hardship for the petitioner or exceptional depravity by the respondent, the court may consider a petition before a year has passed. It is also stated that the court, even if it grants a divorce, may delay the decree's enforcement by including a provision stating that it will only take effect after a year has passed. If, during the petition's hearing, the court finds that leave was granted and not revoked due to misrepresentation or concealing the true nature of the case, the court will be convinced that the grounds for relief are present.
The following scenarios might qualify as exceptional:
1. The petitioner might go through extraordinary hardship;
2. The respondent might show extraordinary wickedness.
If the petition's allegations are accurate, the court must determine whether they would constitute extraordinary hardship or depravity.
The Punjab & Haryana High Court has permitted a couple who lived together for just 15 days to apply for divorce by mutual consent under Section 13-B, notwithstanding the restriction under Section 14 of the Hindu Marriage Act, in a recent ruling (X v. Y, Case No. FAO-6479-2023(O&M), 2024 Live La (PH) 08)[1]. With rare exceptions, this clause typically prohibits married spouses from filing for divorce before one year of marriage.
In the case FAO No.658 of 2021, Shivani Yadav vs. Amit Yadav[2], the Punjab and Haryana high court carefully reviewed the unique circumstances of the case which included the young age of the parties, the brief duration of their marriage, and their separation since February 2021. Due to these factors, the High Court granted the request to waive the one-year waiting period. Shivani Yadav and Amit Yadav both personally appeared before the Court and confirmed their mutual consent to seek a divorce. Taking into account their compliance with Section 13-B and the ongoing COVID-19 situation, the Court issued a mutual divorce decree before the completion of one year of marriage.
Conclusion:
The restrictions outlined in Section 14 of the Hindu Marriage Act are likely designed to discourage individuals from pursuing legal action without first attempting to reconcile their marriage. Although not compulsory, the provisions of this section are considered more as guidelines, allowing for rare circumstances where they may be overlooked.
[1] 2024 Live La (PH) 08
[2] FAO No.658 of 2021
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