Hindu Marriages Cannot Be Dissolved Within a Year: High Court
The Allahabad High Court has ruled that a Hindu marriage cannot be dissolved within a year of the wedding on the grounds of mutual incompatibility unless there are exceptional circumstances involving severe hardship or misconduct. The decision came while rejecting a couple’s petition against a lower court’s refusal to annul their marriage.
Legal Basis: Section 14 of the Hindu Marriage Act, 1955
A division bench comprising Justices Ashwani Kumar Mishra and Donadi Ramesh referred to Section 14 of the Hindu Marriage Act, 1955. This provision restricts the filing of divorce petitions within the first year of marriage, except in cases of “exceptional hardship or depravity.”
No Exemption for Routine Incompatibility
The couple had approached the Saharanpur family court seeking a mutual divorce under Section 13-B of the Hindu Marriage Act. However, the principal judge rejected their plea, citing the one-year mandatory waiting period.
Supporting this decision, the High Court emphasized that routine issues such as mutual incompatibility do not qualify as exceptional circumstances warranting an exemption. The court clarified that couples cannot bypass the legal requirement simply based on general disagreements or differences.
Conclusion
While dismissing the petition, the High Court stated that the couple could file a fresh application for divorce after completing one year of marriage, as required by law.
This ruling reaffirms the sacrosanct nature of Hindu marriage and upholds the legal framework that discourages hasty dissolutions without compelling compelling reasons.
Source: Inputs from various media Sources
Priya Bairagi
Reviewed by Dr Aarti Nehra (MBBS, MMST)
I’m a pharmacist with a strong background in health sciences. I hold a BSc from Delhi University and a pharmacy degree from PDM University. I write articles and daily health news while interviewing doctors to bring you the latest insights. In my free time, you’ll find me at the gym or lost in a sci-fi novel.
