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2023 Supreme(P&H) 1473

SUDHIR SINGH, SUMEET GOEL
Mandeep Kaur – Appellant
Versus
Rajiv Girdhar – Respondent


Advocates appeared:
For the Parties : Mr. Bhupinder Banga, Mr. Imnran Ahmad Ali, Mr. H.S. Deol, Ms. Amandeep Kaur

Judgement Key Points

Key Points: - The Court held that Section 14(1) applies to Section 13-B, allowing permission to file a mutual consent divorce within one year of marriage in exceptional hardship cases. (!) (!) - The court enumerated factors to consider when granting such permission, including duration of marriage, period of separation, other proceedings, possibility of reconciliation, misrepresentation, presence of children, likelihood of reconciliation, and the parties’ age/education/economic position. (!) (!) (!) (!) (!) (!) (!) (!) (!) - The case involved a very short marriage (approximately 1 month from marriage to separation) with no children, and the court granted permission for filing the Section 13-B petition within one year, directing expeditious proceedings. (!) (!) (!) (!) - The judgment cites precedents and explains that exceptional hardship/depravity can justify waiving the one-year requirement under the proviso to Section 14(1). (!) (!) (!) - The statutory interpretation emphasizes the aim of amicable resolution in matrimonial disputes and the role of Section 14 in guiding Section 13-B proceedings. (!) (!)

How to obtain permission under Section 14(1) of the Hindu Marriage Act to file a petition under Section 13-B within one year of marriage?

What is the court’s stance on applying Section 14 to Section 13-B to allow a divorce petition within one year of marriage in exceptional circumstances?

What factors should the court consider when deciding whether to grant permission under Section 14(1) for filing a Section 13-B petition?


Judgment

Mr. Sumeet Goel, J.

CM-22404-CII-2023

For the reasons stated in the application which is duly supported by an affidavit of the appellant and with there being no opposition in this regard by learned counsel for respondent, delay of 37 days in filing the present appeal is condoned. CM stands disposed of.

FAO-6479-2023

1. The present appeal has been filed by the wife against the judgment and decree dated 24.07.2023 passed by learned Principal Judge, Family Court, SBS Nagar, Punjab (hereinafter referred to as the ‘Family Court’) whereby the joint application filed by the wife and husband under Section 14(1) (hereinafter referred as ‘application in question’) of the Hindu Marriage Act, 1955 (hereinafter referred as ‘the Act’) has been dismissed and resultantly the petition filed under Section 13-B of the Act for grant of divorce by mutual consent (hereinafter referred to as ‘main petition’) has been disposed of being not maintainable at that stage.

2. Succinctly facts first, as stated in the pleadings including affidavits by rival parties.

2.1 The wife and husband had jointly preferred a petition for dissolution of their marriage by grant of decree of divorce by way of mutual consent.

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