Matrimonial Relations 'Never Took Shape' Due To Lack Of Cohabitation, Consummation: Delhi High Court Waives 1-Year Waiting Period For Divorce

The Delhi High Court has held that a marriage which was neither consummated nor involved any meaningful cohabitation cannot be said to have taken shape in any real sense, and in such circumstances, insisting on the statutory waiting period for divorce would serve no purpose.

“The absence of cohabitation and consummation, coupled with the immediate separation of the parties soon after the marriage, clearly indicates that the matrimonial relationship between the parties never took shape in any meaningful sense,” said the division bench of Justices Vivek Chaudhary and Renu Bhatnagar.

It thus set aside a Family Court order which had refused to waive the mandatory one-year period under Section 14 of the Hindu Marriage Act (HMA) for filing a divorce petition.

The parties had married in May 2025 but lived together for only about seven days. The marriage remained unconsummated and no children were born from the wedlock. Subsequently, they entered into a mutual settlement to dissolve the marriage.

The Family Court however declined to waive the one-year period, holding that the statutory requirement had not been met.

In appeal, the parties submitted that continuation of the marriage would cause exceptional hardship.

The High Court observed that while intent of Section 14 HMA is that parties may have sufficient time to reconsider their decision and attempt reconciliation however, it also contains a proviso allowing waiver in cases of “exceptional hardship.”

In the present case, the Court interacted with the parties in chamber and was satisfied with the personal reasons stated by them for waiver.

“Both parties have entered into a mutual settlement and have unequivocally expressed their intention not to continue the matrimonial relationship. The material on record does not indicate any possibility of resumption of matrimonial life. 17. In such circumstances, insisting that the parties wait for completion of the statutory period would serve no meaningful purpose and would only prolong a marriage that exists merely in law and not in substance,” it said and permitted the parties to proceed with mutual divorce.

The matter was remanded to the Family Court for expeditious consideration.

Appearance: Ms. Isha Khanna, Adv. with Appellant in person.

Case title: PJ v. N

Case no.: MAT.APP.(F.C.) 72/2026

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