The court ruled that under the Hindu Marriage Act, parties can seek permission to file for divorce by mutual consent within one year of marriage, considering exceptional circumstances.

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. It had been pleaded in the petition that the marriage between the parties took place on 27.03.2023, according to Hindu religious rites and ceremonies, at Banga in District SBS Nagar, Punjab. After the marriage, both the parties cohabited together at Bhiwani in Haryana wherein the marriage between the parties was consummated. No child was born out of the wedlock. It was further pleaded that due to different temperamental nature, the parties could not adjust with each other in the matrimonial life and started living separately w.e.f. 13.04.2023. Efforts were made with the intervention of relatives and friends, but the parties could not reconcile. It was decided that the parties would separate ways and an amount of Rs. 15.00 lacs was settled as permanent alimony (towards past, present and future alimony) for the wife which would be paid by the husband. Accordingly, a decree for grant of divorce by way of mutual consent under Section 13-B of the Act was sought for. Along with the said main petition an application under Section 14(1) of the Act was filed seeking permission to file the main petition within one year from the date of marriage. In this application, it was pleaded that the parties had not been able to adjust with each other in their matrimonial life and started living separately since 13.04.2023. Efforts made for reconciliation between the parties failed and thus the necessity arose for filing the petition under Section 13-B of the Act within one year of date of marriage.

2.2 Vide impugned judgment and decree, the learned Family Court dismissed the application in question under Section 14(1) of the Act and resultantly the main petition under Section 13-B of the Act was disposed of as being not maintainable at that stage.

3. Learned counsel for the appellant-wife has submitted that the learned Family Court ought to have allowed the application, under Section 14(1) of the Act, for grant of permission to file the petition under Section 13-B of the act within one year of marriage; keeping in view the short duration of period when the parties had cohabited together, age of the parties as also the reconciliation efforts having failed.

4. Learned counsel for the respondent-husband has also submitted on similar lines and has supported the case of the appellant-wife in this regard.

5. We have heard learned counsel for the parties and perused the record with their assistance.

6. The prime issue for determination in present appeal is as to whether learned Family Court ought to have granted permission under Section 14(1) of the Act to file petition for divorce by mutual consent under Section 13-B of the Act within one year of date of marriage.

Relevant Statute

7. Section 13-B of the Hindu Marriage Act, 1955 reads as under:-

“13-B. Divorce by mutual consent:-

(1)