The Allahabad High Court has ruled that when one spouse files a criminal case against the other, and both parties subsequently seek a divorce by mutual consent, the court must grant the divorce by applying the proviso to Section 14(1) of the Hindu Marriage Act, 1955.
Section 13-B of the Act allows divorce by mutual consent, while Section 14 prohibits filing a divorce petition within one year of marriage. However, the proviso to Section 14(1) permits the court to hear such petitions earlier if the petitioner faces exceptional hardship or if there is extraordinary misconduct by the respondent.
The bench of Justice Vivek Chaudhary and Justice Brij Raj Singh held
“The proviso to Section 14 (1) of the Act, 1955 is an exception to the necessity for expiration of a period of one year since the date of marriage to enable a party to file a petition for divorce. Once an application under Section 14 (1) of the Act, 1955 is filed before the court, certainly the court has to see whether there is exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.”The parties were married on 05.08.2024, with their marriage registered on 12.08.2024. They again solemnized their marriage according to Hindu rites and customs on 03.09.2024. Following conflicts, the husband filed a complaint on the IGRS portal alleging a threat of a false FIR by the wife. In response, the wife filed an FIR under Sections 115(2), 352, and 351(3) of the Bharatiya Nyaya Sanhita, 2023.
Later, the wife registered another FIR under Sections 376 and 506 IPC, along with Sections 3 and 4 of the POCSO Act. Amid these ongoing criminal proceedings, the parties jointly filed for divorce by mutual consent under Section 13-B of the Hindu Marriage Act, along with an application under Section 14 seeking relaxation of the mandatory one-year waiting period before filing for mutual divorce.
The Principal Judge of the Family Court, Ambedkar Nagar, rejected this application, prompting the parties to approach the High Court.
In Mandeep Kaur Bajwa Vs. Chetanjeet Singh Randhawa, the Punjab and Haryana High Court held that
“If an application for leave under the proviso to Section 14(1) of the Act is presented by the parties, what the Court is expected to look into is whether there is exceptional hardship to the petitioner or exceptional depravity on the part of the respondent. If the Court is satisfied about the existence of the ingredients of the proviso to Section 14(1) of the Act, leave would be granted to present the petition for divorce even before the expiry of one year since the date of marriage.”
The Court held that leave could be revoked and the petition dismissed if, during the hearing, it found no exceptional circumstances. In that case, the wife had left for Canada just three months after marriage, abandoning her husband. The Court waived the one-year waiting period and allowed the appeal.
In Manish Sirohi vs. Smt. Meenakshi, another division bench of the Allahabad High Court granted divorce, noting that when no marital relationship has developed after marriage and both parties wish to end it, they should be allowed to separate and move on with their lives. The Court emphasized that continuing litigation would only cause unnecessary mental and physical distress to both parties.
The bench headed by Justice Chaudhary held
“In the present case, it is borne out of the record that criminal cases have been filed by the respondent and there is no chance that marriage will subsist. Therefore, the proviso to Section 14(1) of the Act, 1955 is to be invoked, so that the parties may get divorce and lead their peaceful life.”
Accordingly, the Family Court’s order was overturned, and it was directed that the Family Court may permit the parties to file a motion under Section 13-B(2) after the expiry of six months from 26.03.2025.