Divorce Petition Within 1 Year of Marriage Prohibited, Allowed Only in Cases of Extreme Hardship: Allahabad High Court

In the case of Smt. Alka Saxena v. Sri Pankaj Saxena, the Allahabad High Court ruled that under Section 14 of the Hindu Marriage Act, 1955, a divorce petition cannot be filed within one year of marriage unless the spouse filing for divorce faces exceptional hardship or extreme depravity from their partner. If such hardship exists, the spouse must apply to the court within that one-year period, and the court can allow the petition if it finds valid reasons to grant the divorce before the one-year mark.

Section 14 also states that even if a court grants a divorce, the divorce decree cannot take effect until one year after the marriage date. The bench of Justice Saumitra Dayal Singh and Justice Donadi Ramesh emphasized that divorce petitions within the first year of marriage are generally not allowed unless the spouse experiences extreme hardship or depravity. Even in such cases, the spouse must submit a special application, which the court must review and approve before proceeding with the divorce.

In the case discussed, the couple was married on January 15, 1999, and the husband filed for divorce 11 months later. The wife, in turn, filed for restitution of conjugal rights, which was ruled in her favor. The husband did not appeal this decision. In 2013, he requested an amendment to his divorce petition, claiming that because there had been no reconciliation between the couple for a year after the ruling, he was entitled to a divorce.

The court found the husband's argument invalid because, under Section 14, the original divorce petition should not have been filed since no cause for divorce existed within the first year of marriage. The court ruled that a divorce case cannot be justified by the mere passage of time after its filing.

Regarding the husband's claim of cruelty, the court said it is not their place to judge how a married couple behaves in their private relationship unless there is clear evidence of extreme cruelty or depravity. The court also stated that personal preferences in intimate matters between spouses are not for the courts to interfere with.

Finally, the court ruled that irretrievable breakdown of marriage is not a valid legal reason for divorce under the Hindu Marriage Act. The trial court's earlier decision was overturned, and the husband was ordered to pay Rs. 50,000 to his wife.