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1 YEAR PERIOD FOR FILING MUTUAL DIVORCE MAY BE WAIVED OFF: SAYS DELHI HIGH COURT

INTRODUCTION 

In a recent judgment passed by Delhi High Court, it was decided that the period of separation of one year period before filing a petition for mutual divorce is not mandatory but only directory. This means that now the husband and wife who are looking to get separated by mutual consent did not necessarily has to wait for a period of 1 year before approaching the Family Courts. The said condition is however not applicable for all cases by default but can be invoked only under the following circumstances: -

The period of waiver of one -year can be applicable only in cases of exceptional hardship or exceptional depravity as the case may be in accordance with the proviso to Sec 14(1) of the HMA, 1955. The said proviso is also reproduced herein for better understanding: -

Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

It was also observed that period of 1 year of separation and cooling off period of 6 months, are two distinct and different subjects and whether invoked or not, are to be governed separately in light of facts and circumstances of each and every case.



CONCLUSION 

From the above, it is clear that period of one year of separation can be waived off in accordance with proviso to Sec 14(1) of the HMA, 1955 before filing the petition of mutual divorce under Sec 13(1)(a) of the HMA, 1955. 

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