Whether the mandatory period of one year for filing a Divorce petition can be waived off? HC answers (Read Judgment)

The Punjab & Haryana High Court Bench comprising Justice Ritu Bahri and Justice Archana Puri gives their opinion on whether the mandatory period of one year for filing a divorce petition can be waived off?

Facts of the case:

The marriage of the parties was solemnized on 15.02.2021 according to Hindu rites and rituals. Soon after the marriage, differences cropped up between the couple and the appellant (Wife) came back to her parental house realising that they could not live together. They filed a joint petition under Section 13-B of the Hindu Marriage Act on 20.05.2021 seeking a decree of divorce by way of mutual consent. Along with the said petition, they also filed an application under Section 14 of the Hindu Marriage Act with a prayer that a mandatory period of one year before filing the petition under Section 13-B of the Act be reduced/condoned. However, the Family Court has not allowed the said application as well as a petition under Section 13-B of the Act.

Court’s observation & Judgment:

In the present case, marriage between the parties was solemnized on 15.02.2021. Soon after the marriage, they separated from each other. At the time of marriage, the appellant (wife) was 22½ years of age and was a student of M.Sc. Respondent (husband) was 23 ½ years of age. Both are young persons. They are residing separately since 17.02.2021. Since, the couple had stayed together only for two days, this is sufficient ground to allow their application filed under Section 14 of the Act for waiving off the mandatory period of one year. Moreover, as per the petition filed under Section 13-B of the Hindu Marriage Act, the mutual agreement has been duly complied with by the parties