Khushi Doshi
Published on: April 19, 2022 at 14:05 IST
The Delhi High Court declined to vacate the Lower Court’s ruling dismissing the Mutual Divorce Petition submitted within one year of marriage. The Petitioners had Petitioned the Trial Court for Divorce based on both parties’ Rejection of a Conjugal connection.
The High Court dismissed the parties’ Claims that the Prohibition of Conjugal Relations Causes “Extraordinary Suffering or Extreme Depravity” to one or both of them.
In the ruling, the Division Bench of acting Chief Justice Vipin Sanghi and Justice Jasmeet Singh stated, “We are of the opinion, that whereas Deprivation of Conjugal contact is a reason for Divorce and comparable to Cruelty, it cannot be claimed to amount to “Extreme Hardship.”
“The Exemption of “extreme hardship” or “exceptional depravity” would be applied in mitigating circumstances, and is not meant to signify, or be regarded, on the same lines as Cruelty simpliciter,” the Judgment added.
The Bench further observed, “The exception of “exceptional hardship” or “exceptional depravity” would be attracted in extenuating circumstances, and is not intended to mean, or be treated, on the same line as Cruelty simpliciter.”
The High Court said, “The intent behind the framing of Section 13, 13B and Section 14 of the Hindu Marriage Act was to protect both- the individuals, as also the marriage. What the Legislature has sought to address by way of Divorce on the Ground of Cruelty, cannot be categorized as exceptional hardship or depravity to bypass the well-established Procedure.”
On October 16, 2021, the Family Court denied the husband and wife’s Divorce Petition for Dissolution of Marriage under Section 13B (Divorce by Mutual Consent).
The Family Court dismissed the Section 14 Application and the Petition filed under the Hindu Marriage Act because they were submitted before the first anniversary of the marriage.