Mutual Incompatibility Not Ground for Divorce Within 1 Year Without 'Exceptional Hardship

Mutual Incompatibility Not Ground for Divorce Within 1 Year Without 'Exceptional Hardship

A Hindu marriage cannot be dissolved within the meaning of a decree of divorce on the grounds of mutual incompatibility but after expiry of 365 days from the date of marriage, unless exceptional circumstances, like exceptional hardship and extraordinary depravity, are shown to be existing [in terms of Section 14 of the Hindu Marriage Act, 1955]. The couple who sought a mutual dissolution of their marriage under Section 13-B of the Hindu Marriage Act. The Principal Judge of the Family Court in Saharanpur dismissed their petition on the grounds that the one-year statutory period requisite for the filing of such applications was far from being completed. of Section 14, which prohibits petitions for divorce within a year of the marriage, except for cases of exceptional hardship or depravity. The couple’s assertion of mutual incompatibility was found by the court to be insufficient to satisfy that standard. The petition, as submitted, failed to show any exceptional circumstances warranting a waiver to the one-year waiting period, the division bench of Justice Ashwini Kumar Mishra and Justice Donadi Ramesh observed. They said that routine grounds such as mutual incompatibility do not amount to exceptional circumstances. The court noted the sanctity of marriage under Hindu law and said dissolution of Hindu marriage can happen only on a legally recognised ground. It added that the one-year wait has a purpose, giving couples time to think about their decision before they divorce. Although the appeal of the Family Court order was dismissed, the fact that a fresh application for divorce was permitted, and to be made after a period of one year expired. This decision strengthens the legal provisions regarding divorce in Hindu marriages, stressing the necessity of sound rationale when attempting to terminate a marriage within the first year of such marriage

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