File pleas on hardship to seek divorce in 1 yr: HC

THE HIGH COURT BENCH EXPRESSED SURPRISE THAT THE FAMILY COURT DID NOT FLAG A SPECIFIC ISSUE ABOUT THE PLEA

- Debabrata Mohanty

BHUBANESWAR: Couples seeking divorce within a year of their wedding must file a separate application citing "exceptional hardship" or "exceptional depravity" in order to waive the mandatory one-year waiting period under the Hindu Marriage Act, 1955, the Orissa high court has observed, adding that the court retains discretion in such cases to allow the petition.

Disposing of a petition filed by a man, who had challenged a family court's order denying his prayer for divorce from his wife within a year of their wedding, a division bench of the high court held that Section 14 of the Hindu Marriage Act (HMA), which bars presentation of petition for divorce within one year of marriage, starts with a non-obstante clause, meaning it overrides all other provisions of the 1955 law.