Section 14 of the Hindu Marriage Act, 1955 restricts filing a petition for divorce within one year of marriage. This provision aims to protect the sanctity of marriage and to discourage impulsive decisions by newly married couples. Below are the key points regarding Section 14:
Introduction: Section 14
Under Section 14(1), no petition for divorce can be presented to the court before the expiration of one year from the date of the marriage.
The intention is to provide couples with sufficient time to adjust to marital life and resolve disputes before considering divorce.
Objective of Section 14
The primary purposes of this section are:
Preservation of Marriage: To protect the sanctity of marriage and discourage hasty decisions to dissolve the marital bond.
Cooling-off Period: To allow newly married couples time to resolve their differences or adjust to married life before seeking divorce.
Judicial Caution: To ensure that only serious and exceptional cases are entertained within the first year of marriage.
Exceptions to rule
Section 14 provides for exceptions to the one-year prohibition if the court is satisfied that the case involves:
Exceptional Hardship to the Petitioner:
Circumstances where continuing the marriage causes severe mental, emotional, or physical suffering to the petitioner. Examples:
- Cruelty or violence by the respondent.
- Serious mental or physical abuse
- Abandonment or desertion by the respondent under grave conditions.
Exceptional Depravity by the Respondent:
Situations where the respondent exhibits extremely immoral or depraved conduct. Examples:
- Adultery with malicious intent.
- Engaging in criminal behaviour, such as serious abuse or exploitation.
Procedure for Avail the Exception
The petitioner must file an application before the court, seeking permission to file for divorce within the one-year bar period.
The application must clearly state the reasons for seeking leave and must be supported by substantial evidence.
The court carefully examines the facts, evidence, and circumstances to determine if the case qualifies for the exception.
The court is required to record written reasons if it grants permission to file the divorce petition.
Judicial Discretion and Safeguards
The court has complete discretion to decide whether the petitioner’s situation qualifies as an “exceptional” case.
If the court finds the petition to be frivolous or an abuse of the exception, it can reject the application.This ensures that Section 14 is not misused for malicious purposes.
Important Judicial Cases
- Sandhya Rani v. Kalyanram Narayan (1988): The court held that exceptional hardship must be significant and supported by evidence. Temporary difficulties or ordinary marital disputes do not qualify.
- Amardeep Singh v. Harveen Kaur (2017): Reaffirmed the importance of reconciliation efforts in matrimonial disputes and clarified the exceptional nature of cases falling under Section 14.
- N.G. Dastane v. S. Dastane (1975): Highlighted that judicial discretion must be exercised carefully to avoid misuse of the exceptional provision.
Relation to Section 13 of the Act
- Section 14 is closely related to Section 13, which lays down the grounds for divorce, as it restricts the time frame for invoking these grounds.
Criticism of Section 14
While Section 14 has a noble intent, certain criticisms have been raised:
- Subjective Nature of “Exceptional Circumstances”: The interpretation of “exceptional hardship” and “exceptional depravity” varies from case to case, leading to inconsistency.
- Potential Delay in Genuine Cases: Victims of severe cruelty or abuse may face unnecessary delays due to the mandatory one-year waiting period.
Conclusion
Section 14 of the Hindu Marriage Act serves as a safeguard against impulsive divorces by mandating a one-year waiting period, except in exceptional circumstances. It reflects the legislature’s intent to preserve the sanctity of marriage while ensuring justice in cases of extreme hardship or cruelty.
