Lucknow High Court: Divorce Can Be Filed Within One Year of Marriage in Exceptional Cases:

Suspense crime, Digital Desk : The Allahabad High Court, in a first ever judgement, observed that a married couple may file a divorce petition within one year of marriage in case of exceptional difficulties or harassment. This ruling has come as an extraordinary construction of the Hindu Marriage Act, which generally bars divorce petitions within the first year of marriage.

Case Details: Divorce Petition Received Less Than One Year After Marriage

This concerned one couple from Ambedkar Nagar who got married on 3 September 2024. After some time, they found there were a number of disputes which they were unable to settle on. They filed a joint petition for divorce in the Family Court of Ambedkar Nagar. The court, however, passed an order rejecting the application, invoking the provisions of the Hindu Marriage Act which states that spouses must be married for a minimum period of one year before seeking a divorce.

Clarification of Divorce Legislation Required: The High Court Takes Over

This appeal hearing was done by a double bench of the High Court consisting of Justice Vivek Chaudhary and Justice Brijraj Singh, who in this case, gave judgement in favour of the husband. When presented with this the court considered that there are some exceptional circumstances where divorce may be granted even with no fault and rigid adherence to timelines may be unjust.

The Consequences of the Judgement

The judgment helps people stuck in marriages that are difficult, abusive, or emotionally stressful. It permits the court to open divorce filings before the one-year mark, hence establishing a legal precedent that courts may use in future rulings, considering mutual consent and logical reasoning supporting the decision.