तलाक के लिए एक साल अलग रहना जरूरी नहीं: दिल्ली हाईकोर्ट ने कहा- पति पत्नी को अनचाहे रिश्ते में उलझाए रखना गलत

Delhi High Court on Wednesday said that the condition of living separately for one year is not mandatory for husband and wife taking divorce by mutual consent. The court said that this condition created under the Hindu Marriage Act (HMA), 1955, can be waived in genuine cases.

The Court further said that in such circumstances, instead of freeing the spouses from the bonds of marriage, it would be wrong to keep them entangled in a dysfunctional relationship. This will cause unnecessary psychological and emotional stress on both.

This clarification came in response to a reference made by a division bench seeking guidance on the timeline for presenting a petition for divorce by mutual consent under the Act.

A three-judge bench of Justices Navin Chawla, Anup Jairam Bhambhani and Renu Bhatnagar said that the legal condition of isolation for a period of one year under Section 13B(1) of the HMA is a suggestion, not mandatory.

The court asked-

Is any court forced to prevent divorce by mutual consent, thereby pushing the unwilling parties not into marital happiness, but into marital abyss?

Cited the decisions of the Supreme Court

Citing several Supreme Court decisions, the Bench said that Section 13B(1), which begins with the words subject to the provisions of this Act, must be read in accordance with the terms of Section 14(1) of the HMA.

Section 14(1) empowers courts to waive the statutory waiting period in cases involving “extraordinary hardship” to the petitioner or “extraordinary misconduct” on the part of the respondent.

The Court argued that even if the husband and wife approach the Court for divorce by mutual consent, their decision to separate is definitely based on some reason.

If there is delay in ending the marriage then there is no chance to improve the relationship.

The court said that in some cases, if there is a delay in ending the marriage, one or both of the spouses do not get the opportunity to build a new and stable relationship in the future. This can have a lasting impact on their chances of remarrying and leading a normal life in society.

Main points of High Court-

• The one year separation requirement for mutual divorce under Section 13B(1) of the Hindu Marriage Act (HMA) can be waived by using the provision of Section 14(1).
• But this relaxation of one year period does not mean that the “cooling-off” period of six months before filing the second application under Section 13B(2) will also be automatically waived. The court will decide on both exemptions separately.
• If the court feels that the waiting period of both one year and six months should be waived, then it is not necessary to delay the execution of the divorce decree. In such a situation, divorce can be effective immediately.
• This relaxation will not be given in ordinary cases. It will be granted only if the court finds that the petitioner is facing extraordinary hardship or there has been serious misconduct on the part of the respondent.
• Both the Family Court and the High Court have the authority to grant such exemption.
• If the court finds that the relaxation of one year period has been availed by giving false information or concealing the facts, then it can extend the date of effect of divorce or dismiss the petition at any stage.
• This decision clarifies the position regarding the waiting period prescribed in the Hindu Marriage Act and gives clearer powers to the courts in cases where there is no real point in continuing the marriage.

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