Punjab and Haryana High Court Grants Divorce to Couple Who Parted After Two Days
In a rare case, the Punjab and Haryana High Court granted mutual consent divorce to a Haryana couple who separated just two days after their marriage. The court overturned a previous family court decision that had dismissed their petition.
Case Background
The couple married on February 15, 2021, following Hindu rites in Gurgaon. However, differences emerged immediately, and by February 17, the wife had returned to her parental home. On May 20, 2021, they jointly filed for divorce under Section 13-B of the Hindu Marriage Act, seeking a decree of divorce by mutual consent.
They also submitted an application under Section 14 of the Hindu Marriage Act, requesting a waiver of the mandatory one-year separation period. However, the Gurgaon Family Court dismissed both the divorce petition and the application, prompting the woman to challenge the decision in the High Court.
High Court’s Ruling
A division bench comprising Justices Ritu Bahri and Archana Puri heard the case. The bench noted that both individuals were young—22 and 23 years old, respectively—and had been living separately since February 17, 2021. The court observed that the couple had mutually agreed to terms, including no claims for maintenance or return of marital gifts.
The bench stated, “Since the couple lived together for only two days, this constitutes sufficient ground to waive the mandatory one-year separation period under Section 14.” The High Court set aside the family court’s July 9, 2021, order and granted the divorce under Section 13-B of the Hindu Marriage Act.
Conclusion
This case highlights how the judiciary can exercise discretion in waiving the mandatory separation period when both parties agree to a mutual divorce and demonstrate no possibility of reconciliation.
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