Section 14 of Hindu Marriage Act, 1955

A wedding is the most important event in the life of a Hindu family, evoking every social responsibility, kindred link, traditional value, passionate emotion, and economic resource. Wedding preparation and execution best exemplify the numerous differences among Indian social institutions.

What is Marriage?

Marriage is considered vital by practically everyone in India. Marriage is a significant turning point in a person's life, signaling the beginning of maturity. In general, rather than being the result of a single person's resolution, this movement in India is the result of many people's efforts. Even if one is born into a certain family with no say in the issue, one is also allocated a spouse with no say in the matter.

Wedding planning is a huge undertaking for both the bride and groom's parents and other relatives. In addition to the development and reorganization of social realignments and, of course, the biological reproduction of families, marriage partnerships include some income redistribution.

India is separated into two broad regions in terms of Hindu kinship and marriage patterns: the north and the south. Other customs are practiced by various ethnic and tribal groups in the central, mountainous north, and eastern areas. The Hindu Marital Act teaches Hindus how to make a formal marriage tie. In addition to granting the bride and groom the right to cohabitate, it also offers their relatives and children a sense of stability and frees them from worrying about their parents.

Section 14 of the Hindu Marriage Act

According to Section 14, a divorce petition cannot be filed within the first year of marriage. As a result, one year might be seen as the legal time limit for resolving, sorting, understanding, and communicating problems with one another. As a result, unless a one-year term has passed, no court has the power to entertain a divorce petition. In the event of extreme hardship for the petitioner or significant depravity on the part of the respondent, the Court may allow the petition to be submitted after receiving an application in accordance with the norms of the High Court. However, if the court judges after hearing the petition that there has been a distortion of facts or concealment of the nature of the case, the petition may be dismissed without prejudice.

Section 14 of the Hindu Marriage Act provides a window for reconsideration and reconciliation, acknowledging that temperamental differences between partners can be worked out over time and should not be used as a reason to dissolve the marriage.

When denying an application for leave to file a divorce petition under this section before the one-year anniversary of the marriage, the court must consider the interests of any children from the marriage, as well as whether there is a reasonable chance of the parties reaching an agreement before the one-year anniversary.

Section 14 states that no divorce petition may be filed with the court before a year has passed from the date of the marriage. Section 14's restriction could only be calm on two grounds −

• There is exceptional hardship.

• There is exceptional depravity.

Principle of the Fair Trial Rule

According to the fair trial rule, provisions of law that are advisory and not required in nature can be deemed to be complied with if there is sufficient, rather than total, compliance with those provisions of law. Section 14 (1) of the HMA begins with a non-obstante clause, but the proviso to Sub-section (1) of Section 14 of the HMA makes this provision of law "directory" rather than "mandatory," and once a provision of law is directory in nature, as previously stated, what is to be seen is sufficient and/or ample compliance with the provision of law, rather than strict compliance with the relevant provision of law.

Exception of Section 14 of Hindu Marriage Act

The Bombay High Court has issued some exceptional decisions, ruling that, notwithstanding a specific prohibition under the Hindu Marriage Act, a spouse may seek divorce after a year of marriage in the event of "exceptional hardship or extreme depravity."

In this case, a city dweller left her husband's house 45 days after their wedding and filed for divorce 10 months later. She married in April 1998 and filed for divorce at Bandra Family Court in February 1999.

The marriage was dissolved on the basis of cruelty after the court recognised her claim that her husband and in-laws subjected her to mental torture.

The husband filed an appeal with the Supreme Court, where his attorneys, Sachindra Shetye and Niranjan Mogre, argued that, under Section 14, the family court could not have considered the plea made before the end of the year since it was filed before.

However, it was indicated that family courts might examine a divorce petition "when the petitioner confronts severe hardship or depravity at the hands of the respondent."

The judges noted that Section 14 makes exceptions where a spouse experiences exceptional hardship or depravity, even if they agreed that its goal is to discourage young couples from filing for divorce on frivolous and irresponsible grounds.

Case Laws

Rishu Aggarwal vs. Mohit Goyal [MAT.APP. (F.C.) 110/2021 & CM APPL. 41458/2021]

The Division Bench of Vain Sanghi, ACJ, and Jasmeet Singh, J., noted that Section 14 of the Hindu Marriage Act aims to discourage couples from breaking the sacred bond of marriage in haste, and held that a mandatory one-year period provided under Section 14 of the Act encourages couples to cool down and reconsider their marriage.

Sankalp Singh v. Prarthana Chandra [2013 SCC OnLine Del 855]

The High Court of Delhi ruled in this case that in some cases of extreme hardship or depravity on the part of the respondent, the courts may allow a petition to be filed before the one-year anniversary of the marriage. However, the parties must show that their mutual consent was not gained via pressure, innuendo, or undue influence. It is also necessary to show that there are no chances for reconciliation and that the parties fully understand the implications of their decision.

Conclusion

The Hindu Marriage Act of 1955 has several divorce provisions. "Divorce is a dissolution of marriage," states the Hindu Marriage Act. The three basic ideas concerning divorce are the fault theory, the mutual consent concept, and the irretrievable theory, and the fault theory is effective when it comes to divorce in India. A marriage can be annulled if one of the spouses is held accountable or liable for a marital offence.

For the innocent spouse, divorce is a possibility. Adultery, desertion, conversion, leprosy, cruelty, and other factors are specified as grounds for divorce for Hindu women in the Hindu Marriage Act. However, many philosophers are opposed to the concept of divorce. Hindu married women can also apply for maintenance under Section 125 of the Criminal Procedure Code. As a result, the innocent spouse may go to court and seek a divorce.

FAQs

Q1. What is a divorce petition?

Ans. A divorce petition is a legal remedy if the parties to the marriage are unable to reach an agreement on one or more grounds. The divorce petition is drafted by one spouse (the petitioner) and given to the other spouse (the respondent).

Q2. What is judicial separation?

Ans. By going through the legal separation procedure, a married couple can formally cease their de facto partnership while staying legally married. A legal separation is issued via a court decree.

Q3. What is exceptional hardship or exceptional depravity?

Ans. A simple denial of sex by one or both partners cannot be classified as an act of exceptional depravity. Although it is "difficulty," it is not "extreme hardship" when one or both couples refuse to have sex with each other.

Q4. What is a marital dispute?

Ans. Marriage-related disputes can commonly entail legal disagreements. Personal, familial, cultural, social, religious, legal, or political disputes may arise, as may individual weddings and the characteristics of those marriages.

Q5. Is judicial separation the same as divorce?

Ans. A divorce may only be granted after a year of marriage, but you can legally separate from your spouse at any moment after the wedding. While divorce ends a marriage forever, legal separation provides temporary relief from marital responsibilities and duties.