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Delhi High Court clarifies couples seeking mutual divorce may not need to live separately for a year. Could this ruling redefine how quickly marriages can end? Discover when courts can waive statutory waiting periods.
Delhi court rules one-year separation not mandatory for mutual divorce
New Delhi: The Delhi High Court on Wednesday clarified that couples seeking divorce by mutual consent are not strictly required to live separately for one year, as outlined under Section 13B(1) of the Hindu Marriage Act (HMA), 1955. The court emphasized that this statutory period is directory and may be waived in cases where prolonging the marriage causes exceptional hardship or emotional distress.
The ruling arose from a reference made by a Division Bench seeking guidance on the timeline for filing a mutual consent divorce. A three-judge bench, comprising Justices Navin Chawla, Anup Jairam Bhambhani, and Renu Bhatnagar, highlighted the potential harm of enforcing rigid timelines.
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“Is a court mandated to stall divorce by mutual consent, thrusting unwilling parties not into marital bliss, but into a matrimonial abyss?” the bench asked.
Citing Supreme Court precedents, the bench noted that the one-year separation requirement is not absolute. Courts may waive the period under Section 14(1) of the HMA when continuing the marriage results in “exceptional hardship” for the petitioner or “exceptional depravity” by the respondent.
The bench observed that keeping spouses in a failing marriage could inflict undue psychological and emotional distress, impacting prospects for future relationships and social integration.
The court stressed that while marriage holds social and cultural importance, prioritizing societal norms over individual autonomy is undesirable when both parties agree to part ways. The judgment reinforces that courts can focus on the dignity and well-being of individuals rather than attempting to preserve a marriage purely for appearances.
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The ruling clarified that waiving the one-year separation does not automatically waive the six-month cooling-off period under Section 13B(2). Courts can consider each period independently.
Where both waiting periods are waived, the divorce decree can take effect immediately. The bench also warned that any misrepresentation in obtaining a waiver could result in deferral or dismissal of the petition without affecting the right to refile.
The Delhi High Court’s decision provides authoritative clarity on mutual consent divorces under the HMA. It reinforces judicial discretion, ensuring that legal timelines do not prolong unnecessary suffering, and prioritizes the parties’ welfare over rigid procedural mandates.
