Section 14(1)—Waiver of one-year waiting period in Divorce with Mutual consent—
Hindu Marriage Act, 1955
The bench of Justice P Sam Koshy of Telangana High court passed the order while considering the 40-year-old wife’s wish to remarry at the earliest to avoid the potential health risks associated with pregnancy at her age.
Section 14(1)—Waiver of one-year waiting period—Divorce—Mutual consent—Petitioners sought a divorce by mutual consent—Their marriage performed on 01.06.2023 and they sought to dissolve it within less than a year, they requested a waiver of one-year waiting period under Section 14(1) of HMA—Court below denied this request, prompting current revision.
[Para 4]
Section 14(1)—Urgency—Personal Circumstances—Petitioners argue that Court below erred by dismissing their application without adequately addressing their hardship, which includes health issues and impotency—They claim dismissal was made without proper consideration of their arguments and the relevant legal precedents.
(Paras 5 to 7)
Section 14(1)—Divorce—Mutual consent—Waiver period—Petitioners have been waiting for ten months and have only two months left to complete statutory waiting period—Petitioner No.2, who is 40 years old, faces biological challenges related to pregnancy and desires to remarry due to these complications—Delay in obtaining a divorce is causing significant anxiety for her—Court below considered one-year period as a substantive requirement, not subject to waiver—Petitioners’ marriage lasted only two months, was marked by significant health issues, and showed no potential for reconciliation—Petitioner No.2’s urgency to remarry due to biological concerns was a key factor—Court decided to exercise discretion under Section 14 of H.M. Act—Granted waiver of one-year waiting period, allowing petitioners to file for divorce by mutual consent.
(Para 14 to 16 & 19)
Decision : Revision Petition allowed
