The Punjab and Haryana High Court has granted a mutual consent divorce to a couple from Haryana who separated just two days after their marriage. This decision overturns the family court’s previous order.
The woman, who filed the petition, challenged the family court’s decision from July 9, 2021. The principal judge of the Family Court in Gurgaon had dismissed their joint petition under Section 13-B of the Hindu Marriage Act, which sought a mutual consent divorce.
The couple got married on February 15, 2021, in Gurgaon according to Hindu rites. Shortly after their marriage, they faced differences, leading the woman to return to her parental home. On May 20, 2021, the couple filed a joint petition under Section 13-B for a mutual consent divorce, stating that they had been living separately since February 17, 2021. They also filed an application under Section 14 of the Hindu Marriage Act to waive the mandatory one-year separation period required before filing for divorce.
However, the family court in Gurgaon denied their application and the petition for divorce under Section 13-B.
A division bench of Justices Ritu Bahri and Archana Puri reviewed the case. They noted that the couple separated soon after their marriage on February 15. At the time of marriage, the wife was a 22-year-old M.Sc student, and the husband was 23. The couple had been living apart since February 17, 2021, and had resolved all mutual claims and property matters.
The bench found sufficient grounds to waive the mandatory one-year separation period. Justice Bahri set aside the family court’s July 9 order, allowing the petition under Section 13-B along with the application under Section 14 of the Hindu Marriage Act. The couple was granted a mutual consent divorce.
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