Marriage Can Be Dissolved By Mutual Consent If One Spouse Files Criminal Case Against The Other Within 1 Year: Allahabad High Court

The Allahabad High Court has held that if after filing of criminal case by one spouse against other, the parties have approached the court for divorce by the mutual consent, the same must be granted by invoking the proviso to Section 14 (1) of the Hindu Marriage Act, 1955.Section 13-B of the Hindu Marriage Act provides for divorce by mutual consent. Section 14 of the Act mandates that no divorce petition can be presented before any court within 1 year of marriage. Proviso to Section 14(1) provides that such application can be entertained if the Court before which it is filed if there is exception hardship faced by the party presenting it or exceptional depravity on the part of the respondent.The bench of Justice Vivek Chaudhary and Justice Brij Raj Singh held“The proviso to Section 14 (1) of the Act, 1955 is an exception to the necessity for expiration of a period of one year since the date of marriage to enable a party to file a petition for divorce. Once an application under Section 14 (1) of the Act, 1955 is filed before the court, certainly the court has to see whether there is exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.”Parties got married on 05.08.2024 and marriage was registered on 12.08.2024. Parties again solemnized their marriage according to Hindu rites and customs on 03.09.2024. Thereafter, due to hostilities, husband raised a complaint on IGRS portal claiming threat of false FIR by the wife. In retaliation, the wife lodged an FIR under Sections 115(2), 352 and 351(3) of Bharatiya Nyaya Sanhita, 2023.Subsequently, the wife lodged another FIR under Sections 376 and 506 IPC and Section 3⁄4 POCSO Act. While the criminal proceedings were ongoing, the parties filed for divorce by mutual consent under Section 13-B of the Act along with an application under Section 14 of the Act for relaxation of the mandatory 1 year period before filing for mutual divorce. This application was rejected by the Principal Judge, Family Court, Ambedkar Nagar. Hence, the parties approached the High Court. In Mandeep Kaur Bajwa Vs. Chetanjeet Singh Randhawa, the Punjab and Haryana High Court held that “If an application for leave under the proviso to Section 14(1) of the Act is presented by the parties, what the Court is expected to look into is whether there is exceptional hardship to the petitioner or exceptional depravity on the part of the respondent. If the Court is satisfied about the existence of the ingredients of the proviso to Section 14(1) of the Act, leave would be granted to present the petition for divorce even before the expiry of one year since the date of marriage.”It held that the leave could be revoked by dismissing the petition if the Court, during the hearing, felt that there was no exception circumstance. In that case, the wife had left for Canada, leaving her husband behind after 3 months of marriage. The Court condoned the period of 1 year and allowed the appeal. In Manish Sirohi Vs. Smt. Meenakshi, another division bench of the Allahabad High Court had granted divorce by observing that once after marriage no marital relation developed between the parties and they were willing to withdraw from the relationship, they should be separated to enjoy their life elsewhere. It held that continuation of litigation will cause unnecessary mental and physical harassment to both parties. The bench headed by Justice Chaudhary held “In the present case, it is borne out of the record that criminal cases have been filed by the respondent and there is no chance that marriage will subsist. Therefore, the proviso to Section 14(1) of the Act, 1955 is to be invoked, so that the parties may get divorce and lead their peaceful life.”Accordingly, the order of the Family Court was set aside and it was directed that the Family Court may allow parties to file motion under Section 13-B(2) upon expiry of 6 months from 26.03.2025.Case Title: Angad Soni v. Arpita Yadav [First Appeal Defective No.115 of 2025]Click Here To Read/Download Order

Marriage Can Be Dissolved By Mutual Consent If One Spouse Files Criminal Case Against The Other Within 1 Year: Allahabad High Court

Upasna Agrawal

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