Introduction:

In a significant ruling, the Punjab & Haryana High Court enabled a couple, who lived together for only 15 days, to file for divorce by mutual consent under Section 13-B of the Hindu Marriage Act (HMA), deviating from the one-year mandatory waiting period as specified under Section 14 of the Act.

Arguments:

The couple, despite living together for a mere 15 days due to differing temperaments, challenged the dismissal of their joint application under Section 14(1) of the HMA. They sought permission to file for mutual divorce under Section 13-B within one year from the marriage date, contending the exceptional circumstances of their case.

Court’s Judgement:

The High Court, acknowledging the compassionate nature of Section 13-B aiming at an amicable resolution, interpreted it in tandem with Section 14(1) of the HMA. It emphasized that the legislative intent permits seeking court permission for mutual divorce within a year of marriage under exceptional circumstances, reflecting the Act’s objective.

The bench clarified that the court, while granting permission, ensures fulfillment of prerequisites and truthfulness in the parties’ submissions. Notably, the spouses, both educated and aged 37 and 41, had slim prospects of reconciling their short-lived matrimonial life.

Considering the failed reconciliation attempts and the brief marriage span, the court recognized the absence of scope for marital reconciliation. It granted permission under Section 14(1) to file for mutual divorce under Section 13-B, enabling both parties to seek a fresh start in their respective lives.