S.14 HMA | Family Court Can't Discuss Merits Of 'Premature' Suit For Divorce Filed Within One Year Of Marriage: Gujarat High Court

The Gujarat High Court has held that where a suit for divorce is premature, having been presented within 1 year of marriage which is barred under Section 14 Hindu Marriage Court, the family court cannot decide the issue on merits and can only either return the plaint or dismiss it reserving the parties' right to file afresh. [2026 LiveLaw (Guj) 190]

The husband had filed an appeal before the high court against family court's judgment dismissing his suit for divorce filed under Section 13(1)(ia) and (ib) Hindu Marriage Act, on the preliminary ground of limitation. 

A division bench of Justice Ilesh J Vora and Justice RT Vachhani observed that admittedly the Suit was presented within a period of 1 year. It noted that Section 14 Hindu Marriage Act clearly provides that, no court can entertain any petition for divorce of marriage unless at the date of presentation of the petition, one year has elapsed since the date of marriage. It said,

"The Family Court in the judgment, more particularly in para (9-2) has discussed the ground of cruelty and desertion and came to conclusion that it was the appellant husband who was not interested to live with the respondent wife. In such circumstances, in our opinion, when suit is pre-mature or having been filed in violation of Section 14 of the Hindu Marriage Act, then the proper recourse available to the Family Court, is either return the plaint or dismiss the suit reserving the right of the parties to file fresh suit. The Family Court could not have discussed the merits of other grounds. In the present case, the Family Court failed to assign proper and sound reasons on the other grounds also". 

Appellant claimed that the family court had committed an error of law while dismissing the suit, as no issue of maintainability of the suit had been framed.

It was submitted that if the Family Court would have intended to dismiss the suit on the ground of limitation, then it would not have determined the other grounds for the divorce. It was submitted that either appeal may be remanded to decide the issue afresh, or by setting aside the family court's judgment and decree liberty may be granted to file a fresh suit on the same ground.

The Wife's counsel opposed the plea arguing that once Family Court has decided the issues on merits, then it cannot be remanded back or a fresh opportunity cannot be given to file a suit on the same ground.

The High Court set aside the family court order and permitted the husband to file a fresh suit on the available grounds as provided under the Hindu Marriage Act. The court also permitted the parties to lead evidence afresh, adding that they shall not rely on evidence in the present suit. 

Case title: YOGESH AMRUTBHAI PATEL v/s  HANSABEN YOGESHBHAI PATEL

R/FIRST APPEAL NO. 3246 of 2024

Click Here To Read/Download Order

Citation: 2026 LiveLaw (Guj) 190