'They Resided Together Only For Two Days': P&H HC Condones Mandatory Period Of 1Yr For Filing Divorce Petition; Dissolves Marriage Of 'Young Couple'

Last month, the Punjab and Haryana High Court granted a divorce decree to a couple who had stayed together only for two days after they had gotten married.

A Division Bench of Justice Ritu Bahri and Justice Archana Puri went on to allow the application filed by the couple under Section 14 of the Hindu Marriage Act wherein they had prayed that mandatory period of one year before filing the petition under Section 13-B of the Act for dissolution of marriage be condoned.

The marriage was solemnized on February 15, 2021 according to Hindu rites and rituals. Soon after the marriage, differences cropped up between the couple and the appellant (Shivani Yadav) came back to her parental house on February 17, realizing that they could not live together.

Ultimately, a joint petition was filed under Section 13-B of the Hindu Marriage Act on May 20, 2021 seeking decree of divorce by way of mutual consent.

The Principal Judge, Family Court, Gurugram, dismissed the petition seeking dissolution of marriage in July, 2021.

The Division Bench of the High Court noted that for the purpose of presenting a petition under Section 13-B before expiry of one year, Section 14 of the Act was relevant.

"Proviso to the above said section lays down that in case of exceptional hardship or exceptional depravity, if it appears to the Court, the time of one year can be reduced", the Court said.

A Coordinate Bench judgment of the Court in Mandeep Kaur Bajwa vs. Chetanjeet Singh Randhawa, was also relied upon.  In that case, the Court noted that the parties had lived together as husband and wife for about three months after marriage. Both were young and keeping in view that they were at the marriageable age, condonation of the period of one year was allowed. It was further observed that such exceptional hardship and depravity has to be established by the petitioner(s) in order to avail the benefit of the provision of Section 14 (1) of the Act.

In the instant case, the bench found that soon after marriage, the couple had separated from each other. It further noted that,

"At the time of marriage, appellant-Shivani Yadav was 22½ years of age and was student of M.Sc. Respondent-Amit Yadav was 23 ½ years of age. Both are young persons."

"...both the parties have already received all the articles given by them at the time of marriage. It has been further stated that none of them will claim anything with regard to the past or future maintenance. Since, the couple had stayed together only for two days, this is the sufficient ground to allow their application filed under Section 14 of the Act for waiving off the mandatory period of one year. Moreover, as per petition filed under Section 13-B of the Hindu Marriage Act (Annexure A-1), the mutual agreement has been duly complied with by the parties", held the Bench.

The parties also appeared before court through video conferencing and informed the Court that there existed no dispute between them.

It was thus held that, the statements made before the Court were sufficient to grant a decree of divorce under Section 13-B, especially keeping in view that appellant-Shivani Yadav (age 22½ years) and respondent-Amit Yadav (age 23 ½ years) got married on 15.02.2021 and separated on 17.02.2021. 

With this view, the impugned order was set aside and petition under Section 13-B along with application under Section 14 of HMA was allowed. 

Case Title: Shivani Yadav v. Amit Yadav

Advocate Aman Priye Jain appeared for the appellant and Advocate Rahul Vats represented the respondent. 

Click here to Download the Order