The Allahabad High Court reiterates that Hindu marriages can’t be dissolved within a year unless extreme hardship is proven, under Section 14 HMA.
Subheading:
The court underlined that marriage isn’t a disposable contract and reaffirmed the legal barrier against early dissolution without grave cause.
Hindu Marriage Requires Minimum One-Year Duration, Rules Allahabad HC
In a significant ruling in Sri Nishant Bhardwaj v. Smt. Rishika Gautam, the Allahabad High Court has reaffirmed that a Hindu marriage cannot be dissolved within one year of solemnization, except in cases involving exceptional hardship or moral depravity, as stipulated under Section 14 of the Hindu Marriage Act, 1955.
The case revolved around a petition filed for divorce citing mutual incompatibility, merely months after marriage. However, the bench dismissed the plea as legally premature, underscoring the legislative intent behind the one-year mandatory waiting period.
“The law grants this buffer period to promote reconciliation and to avoid impulsive dissolutions,” the Court observed.
Sanctity of Marriage vs. Swift Separation
The judgment has reignited discussions on the tension between individual autonomy and legal safeguards designed to uphold the institution of marriage. The court’s stance aligns with previous precedents emphasizing that marriage is not to be treated as a casual arrangement, especially under personal laws like Hindu law, which views marriage as a sacrament.
Section 14 of the Hindu Marriage Act lays down a clear mandate: no divorce petition is maintainable within the first year of marriage unless the petitioner can prove circumstances of exceptional hardship to themselves or exceptional depravity on the part of the other spouse.
Legal experts argue that such clauses prevent misuse of the law and discourage the use of courts for hasty exits.
A Legal Reminder for Couples in Crisis
The verdict also serves as a cautionary note to newlywed couples considering litigation soon after their wedding. It emphasizes the need to exhaust alternative remedies like marriage counselling or family mediation before resorting to legal separation.
For more on personal law cases and updates from Indian courts, visit The Legal Observer – News. You can also explore related insights and debates on The Legal Observer – Insight and Quote Unquote.
📺 For legal analysis on this ruling and more, watch commentary on our official YouTube channel.
Internal Links Embedded:
