In the main decision The Supreme Court of Alahabada He believed that marriages between Hindus were considered sacred. Yes, it cannot be dissolved for one year, unless there are exceptional circumstances and exceptional debauchery.
Subject to this, the double Judge of Justice Oshvani Kumar Mishra and Justice Donadi Ramesh said that section 14 of the 1955 Hindu marriage law, which imposes a one -year restriction when submitting a divorce for the Hindu couple. But this year can only be refused in certain exceptional cases.
This ruling was made for the case between Nisanto Bharadva and Rishik Gaut; The couple conducted a Hindu marriage and wanted to mutually dissolve the marriage in accordance with section 13-b this law. However their request for mutual divorce Previously, he was denied the chief judge of the Sakharanepur. The reason: their statutory period of waiting did not move. Then Bharadva appealed the order of the family court in HC, but on January 15 he was re -rejected.
By stating section 14 of the Hindu Marriage Law (1955), HC said the couple could apply for a fresh application only after the first annual marriage period is over. HC also noted that, apart from mutual incompatibility, the couple had no other main reason to file a divorce. It states that the application mentions “exceptional difficulty and exceptional fornication” and therefore dissolution of marriage cannot be done during the first year.
What does it mean for marriage couples
In Hindu, marriages are considered sacred. This connection is not only between two people, but also by their families. A few decades ago, divorce were rare and taboo was considered. However, over the years, the level of divorce in India has increased, showing changes in people’s relations with marriages and divorces.
The Hindu Marriage Act (1955), section 14, states that the divorce petition between two Hindus cannot be filed during the first year from the date of their marriage, except when exceptional difficulty and fornication is proven. With this, the law urges Hindu couples to pause, reflect and work on their differences before submitting divorce. He also emphasizes to consider marriages as a holy and important connection that cannot be easily perceived.
