Delhi High Court- The New Indian Express

By ANI

NEW DELHI: The Delhi Excessive Court docket on Monday refused to put aside the order handed by the trial court docket dismissing the mutual divorce petition filed inside one 12 months of marriage. The petitioners had moved the trial court docket for divorce on the bottom of denial of marital relationship by each the events.

The Excessive court docket rejected the submissions of the events that the denial of conjugal relations is such that it causes “distinctive hardship or distinctive depravity” to both or each of them.

The division bench of performing Chief Justice Vipin Sanghi and Justice Jasmeet Singh noticed within the order, “We’re of the view, that although denial of marital relationship is a floor for divorce, and tantamount to cruelty, the identical can’t be stated to quantity to “distinctive hardship.”

The bench additional noticed, “The exception of “distinctive hardship” or “distinctive depravity” could be attracted in extenuating circumstances, and isn’t supposed to imply, or be handled, on the identical line as cruelty simpliciter.”

The appellant/petitioner (spouse) had challenged the order handed by the household court docket. The wedding between the appellant and the respondent was solemnised on 4 April 2021 as per the Hindu rites and ceremonies at Ram Nagar, Uttarakhand.

The appellant began dwelling individually on April 14, 2021, in the identical matrimonial residence after marital variations cropped up between the couple. On July 29, 2021, the appellant left her matrimonial residence and went to her parental home.

“As soon as the Parliament, in its knowledge, has legislated that denial of cohabitation/marital relationship over a interval of 1 12 months, or extra, could be tantamount to cruelty, it can’t be stated that denial of intercourse simpliciter throughout the interval of 1 12 months, could be a case an distinctive hardship. Thus we reject the submission of the appellant that the denial of conjugal relation by each events is such, that it causes “distinctive hardship or distinctive depravity” to both, or each of them,” the judgment reads.

The bench stated, “We reject this attraction and uphold the order of the household court docket rejecting the applying of events filed underneath the proviso to Part 14 of the Hindu Marriage Act, 1955. We reserve the suitable of the events to maneuver to the suitable court docket independently, after the expiry of 1 12 months of separation.”

The Excessive Court docket stated, “The intent behind the framing of Part 13, 13B and Part 14 of the Hindu Marriage Act was to guard both- the people, as additionally the wedding. What the legislature has sought to deal with by means of divorce on the bottom of cruelty, can’t be categorised as distinctive hardship or depravity in order to by-pass the well-established process.”

The household court docket on October 16, 2021, had dismissed the divorce petition filed by the husband and spouse underneath Part 13B (divorce by mutual consent) for dissolution of marriage. The household court docket had dismissed the applying underneath Part 14 and the petition filed underneath Hindu Marriage Act because it was filed earlier than the expiry of 1 12 months from the date of marriage.