Allahabad High Court Dismisses Early Divorce Petition, Urges Couple to Reconsider
Court emphasizes legislative intent to preserve marriages, denies divorce application filed within a year without evidence of exceptional hardship
In a significant ruling, the Allahabad High Court has dismissed an appeal for early divorce by mutual consent filed by Arpit Garg and Ekta Gupta, less than a year into their marriage. The court emphasized the legislative intent under the Hindu Marriage Act, 1955, to preserve marriages and not allow premature dissolution unless exceptional circumstances are demonstrated.
The appeal, First Appeal No. 706 of 2025, was heard by a division bench comprising Justices Arindam Sinha and Avnish Saxena. The petitioners sought leave to file for divorce under Section 14(1) of the Hindu Marriage Act, claiming exceptional hardship. They contended that ongoing criminal complaints and the appellant's desire to move abroad constituted such hardship. However, the court found no evidence of exceptional hardship or depravity as required by the Act.
The bench noted that both parties had agreed to file a joint petition for divorce, despite having lived together for less than a month since their marriage on March 3, 2025. The court observed that the ability of the parties to agree on a joint petition contradicted claims of exceptional hardship.
Citing the case of Angad Soni v. Arpita Yadav, where a similar appeal was allowed based on exceptional circumstances, the court clarified that each case must be assessed independently. In this instance, the court found no compelling reason to deviate from the legislative intent to give marriages a chance.
The judgment underscores the court's role in ensuring that the provisions of the Hindu Marriage Act are applied with due consideration of their underlying purpose. The court's decision reflects a cautious approach towards the dissolution of marriages, encouraging reconciliation and resolution where possible.
The appeal was dismissed, with the court expressing hope that the couple might reconcile during the waiting period required before they can reapply for divorce by mutual consent. This ruling serves as a reminder of the judiciary's commitment to upholding the sanctity of marriage and the legislative framework designed to support it.
Bottom Line:
Hindu Marriage Act, 1955 - Section 14(1) - Joint application for divorce by mutual consent filed within one year of marriage - Court held that exceptional hardship or depravity not established by either party - Marriage must be given a chance as per legislative intent.
Statutory provision(s): Hindu Marriage Act, 1955 - Section 14(1)
Arpit Garg v. Ekta Gupta, (Allahabad)(DB) : Law Finder Doc id # 2784463
