Hindu Couple Can't Seek Exemption From One Year Limitation In Filing Petition For Dissolution Of Marriage On Routine Grounds of Mutual Incompatibility: Allahabad HC
The Allahabad High Court was considering an appeal against an order passed by Family Court whereby the petition filed by the parties for mutual dissolution of their marriage under Section 13-B of the Hindu Marriage Act, 1955 was rejected on the ground that the minimum period for moving such application, as is provided under Section 14 of the Act, didn't expire.
The Allahabad High Court has held that a Hindu Couple cannot seek exemption from one year limitation in filing petition for dissolution of marriage on routine ground of mutual incompatibility.
The Court was considering an appeal against an order passed by Family Court whereby the petition filed by the parties for mutual dissolution of their marriage under Section 13-B of the Hindu Marriage Act, 1955 was rejected on the ground that the minimum period for moving such application, as is provided under Section 14 of the Act, didn't expire.
The division-bench of Justice Ashwani Kumar Mishra and Justice Donadi Ramesh observed, ".....Marriage between two Hindus is sacrosanct and its dissolution would be permissible only for the reasons permissible in law. On routine grounds of mutual incompatibility between the parties, it would not be open for the parties to seek exemption from one year limitation in filing such petition. On facts, necessary ingredients for invoking jurisdiction under the proviso to Section 14 is not shown to exist."
The Appellant was represented by Advocate Praveen Kumar while the Respondent was represented by Advocate Sunil Kumar Mishra.
The Court at the outset observed that though Section 14 of the Act clearly provides that no petition for divorce is to be presented within one year of marriage, it however empowers the Court to allow a petition even before the expiry of one year, since the date of marriage, on the ground that the case is of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.
The Court was of the view that Hindu Couple seek such exemption unless 'exceptional hardship' is proved before the Court.
"The provision contained under Section 14 of the Act has a laudable object to subserve, inasmuch as the legislature has put an embargo in entertaining an application for dissolution of marriage, within one year for specific performance," the Court observed.
The Appeal was accordingly dismissed as lacking merit.
Case No.- First Appeal Defective No.- 12 of 2025 (2025:AHC:6274-DB)
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