Overview

Marriage was always considered a sacred and ritualistic bond between a man and a woman, people or couples often believe in one life and marriage thing but sometimes relationships don’t actually work as we think. In the new modern era, the survival of a married relationship is difficult to sustain there are many complexities and ups and downs a couple has to face.

We have always believed in giving a chance or giving some time to adjust in any kind of new relationship. After successful marriage, if the relationship isn't going well, the married couple immediately sought to get separate or to get a divorce, but that's definitely their decision to make.

Despite the fact that our laws are both very stringent and flexible, they offer protection and remedies for every aspect of marital issues. Section 14 of the Hindu Marriage Act places restrictions on newlywed couples, stating that even if they have any marital problems, they are not permitted to file for divorce.

No divorce petition may be filed within a year of marriage that is.,
 

• It shall not be entertained by any court  through any petition raised by the couple, keeping in mind that unless the date of filing the divorce petition is elapsed time of one year since the marriage date.
• It is also mentioned that the application for the divorce petition made on such rules can be allowed to be presented to the court before the one year of the marriage but that may be considered an exceptional case but if the court determines during the petition hearing that the petitioner obtained permission to file the petition through any misrepresentation or concealment of the nature of the case, the court may, if it issues a decree, do so subject to the requirement that it does not take effect until after the [expiration of one year] from the date of the marriage, or it may dismiss the petition without prejudice to any petition that may be brought after the [expiration of the decree].
• The court shall consider the interests of any children of the marriage and the question of whether there is a reasonable probability that the parties will reconcile before the [expiration of the [said one year]], in deciding any application under this section for leave to present a petition for divorce before the [expiration of one year] from the date of the marriage.

There are some exceptional cases that have been made by The Bombay High Court recently, which ruled that, despite a specific prohibition under the Hindu Marriage Act, a spouse may file for divorce within a year of marriage in the event of "exceptional hardship or exceptional depravity."

In this instance, a woman who lived in the city left her husband's house within 45 days of their wedding and requested a divorce ten months later. She got married in April 1998 and filed for divorce in February 1999 at Bandra Family Court.

The marriage was dissolved on the grounds of cruelty after the court accepted her claim that she had been subjected to mental torture by her husband and in-laws.

The husband filed an appeal with the high court, where his attorneys Sachindra Shetye and Niranjan Mogre argued that, in accordance with Section 14, the family court could not have considered the plea filed before the end of the year.

though, stated that family courts could consider a divorce request "where the petitioner faces exceptional hardship or exceptional depravity at the hands of the respondent."

The judges noted that Section 14 does make exceptions when a spouse experiences exceptional hardship or exceptional depravity, even though they agreed that its purpose is to deter young couples from starting divorce proceedings on frivolous and irresponsible grounds.

The judges continued, "The family court shall determine whether there is a prima facie case of exceptional hardship or depravity in light of the circumstances.

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