Allahabad HC: Couples Can Seek Divorce Within 1 Year Of Marriage In Cases Of Exceptional Hardship

Lucknow: The Allahabad High Court has ruled that couples facing "exceptional hardship" can file for divorce within the first year of marriage, overturning a family court's decision.

The bench of Justices Vivek Chaudhary and Brijraj Singh stated that Section 14 of the Hindu Marriage Act - which imposes a 1-year waiting period - has an inbuilt exception for extraordinary circumstances.

The case involved an Ambedkarnagar couple who married on September 3, 2024, and sought mutual divorce within months due to irreconcilable differences.

While the family court rejected their petition citing the 1-year rule, the HC emphasized that genuine cases of marital distress shouldn't be forced to wait. The court remanded the matter back to the family court for reconsideration.

Legal experts note this clarifies Section 14's provisions, though petitioners must still prove exceptional hardship. The judgment aligns with similar interpretations by other HCs across India.