Orissa High Court: Petition For Divorce Within One Year Of Marriage Can Only Be Filed If Exceptional Hardship Or Depravity Is Established

The Orissa High Court has held that no Petition for Divorce can be entertained within one year of Marriage in terms of Section 14 of the Hindu Marriage Act, 1955 unless accompanied by separate application substantiating extreme hardship/ depravity.

The Court was considering an Appeal against an order of the Family Court, wherein the prayer of the Husband to grant Decree of Divorce was rejected on the ground of non-fulfillment of statutory period prescribed under Section 14 of the Hindu Marriage Act, 1955.

The division bench of Justice BP Routray and Justice Chittaranjan Dash observed, "...the proviso to section 14(1) permits a relaxation of this bar in exceptional cases where the petitioner can demonstrate either exceptional hardship suffered by the petitioner, or exceptional depravity on the part of the Respondent. The Court retains discretion in such cases to allow the petition to be presented within one year, provided the plea is substantiated through a separate application seeking permission to file for divorce prematurely. Further, even if permission is granted, the Court has the power to withhold the operation of the decree until after one year from the date of marriage, or dismiss the petition if it finds that leave was obtained through misrepresentation or concealment."

The Appellant was represented by Senior Advocate S.K. Mishra while the Respondent was represented by Advocate H.S. Panda.

Facts of the Case

The couple herein had an arranged marriage in 2020. However, within a short span of time, marital discord arose between the parties, leading to serious disputes and allegations from both sides. The situation deteriorated the Respondent-wife left the matrimonial home and did not return despite repeated requests by the Appellant and his family. The Appellant claimed that all efforts for reconciliation, including interventions by family members, failed as the Respondent remained adamant about not resuming cohabitation. Subsequently, the Appellant filed a Petition for Divorce before the Family Court within two months which was entertained despite the statutory bar under Section 14 of the Hindu Marriage Act, 1955. The same was however dismissed as the Family Court found that the Appellant failed to establish sufficient grounds for cruelty or desertion.

Counsel for the Appellant submitted that the matter should be remanded to the Family Court for fresh adjudication, considering the procedural defect and the lapse of substantial time.

Reasoning By Court

The Court at the outset noted that although Section 14 of HMA creates a statutory bar on the presentation of a divorce petition within one year of marriage. However, in rare and exceptional circumstances, strict application of Section 14 could lead to undue hardship to a spouse who has genuinely suffered grave cruelty or deprivation within a short period of marriage.

The Court referred to its recent decision wherein Section 14 HMA was extensively analyzed along with proviso to Section 14(1).

"Court, in strict adherence to the law, ought to have nipped the proceedings in the bud at the outset, refusing to entertain the petition without a separate application for leave. However, what is striking in the present case is that both parties actively contested the case on merits, led evidence, and participated in the adjudication process without ever raising an objection regarding its maintainability under Section 14..." the Court observed.

Noting that since the impugned order came out a year ago, the Court was of the view that remanding the matter back for fresh adjudication is a more just and equitable approach than dismissing it purely on procedural grounds. It though pointed out that its decision shall not be treated as a general precedent.

The Appeal was accordingly disposed off.

Cause Title: Debabrata Debadarsan Palei vs. Subhakanti Patra & Another

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