The Orissa High Court has reaffirmed a critical requirement under Section 14 of the Hindu Marriage Act, 1955 (HMA), stating that no petition for divorce can be entertained within one year of marriage unless a separate application citing “exceptional hardship” or “exceptional depravity” is filed and allowed.
A Division Bench comprising Justice B.P. Routray and Justice Chittaranjan Dash delivered the ruling in the case Debabrata Debadarsan Palei v. Subhakanti Patra & Anr. on April 3, 2025. The Court emphasized that this mandatory waiting period is in place to prevent impulsive dissolutions and encourage reconciliation.
“The Court retains discretion in such cases to allow the petition to be presented within one year, provided the plea is substantiated through a separate application seeking permission to file for divorce prematurely.”
Case Background
The marriage between the appellant-husband and the respondent-wife was solemnized on May 13, 2020, following Hindu customs. Shortly after moving in together at the husband's home, serious disputes arose between them. Just over a month later, on June 24, 2020, the wife left the matrimonial home and did not return, despite repeated efforts by the husband and his family.
After failed attempts at reconciliation, including through family elders and mediators, the husband filed for divorce on July 7, 2020, at the Family Court in Bhadrak. This was less than two months after the wedding.
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Section 14(1) of the HMA prohibits presenting a divorce petition within one year of marriage, except when a separate application proves the existence of exceptional hardship or depravity.
Despite this legal bar, the Family Court proceeded to hear the matter on merits. Both parties presented evidence, and the wife did not raise any objection to the petition’s maintainability under Section 14 during the proceedings.
Eventually, the Family Court rejected the divorce petition, not because it was filed prematurely, but on the grounds that the husband failed to prove allegations of cruelty or desertion.
Court’s Analysis
The High Court observed that the statutory bar under Section 14 exists to:
“Protect the sanctity of marriage and ensure spouses make sincere efforts at reconciliation before seeking dissolution.”
And also to:
“Prevent frivolous or premature litigation, which may arise from transient disputes or impulsive decisions.”
It cited the decision of the Allahabad High Court in Smt. Alka Saxena v. Sri Pankaj Saxena (2024), which held that:
“The one-year bar under Section 14(1) can be lifted only upon a specific application that shows exceptional hardship or depravity.”
Importantly, the Orissa High Court reiterated that:
“Even if the Court grants such leave, it retains the power to withhold the operation of the decree until one year has passed from the date of marriage or to dismiss the petition if the permission was obtained through misrepresentation.”
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In the current case, the High Court noted several procedural lapses:
- The husband did not file any separate application seeking permission to waive the one-year bar under Section 14.
- The Family Court proceeded with the hearing without addressing the maintainability of the petition.
- The wife also failed to object to the maintainability until the final arguments began.
The Court emphasized that:
“A divorce petition filed under Section 14 within one year of marriage cannot be entertained unless a separate application for leave is first filed and allowed.”
However, given the peculiar circumstances — including the fact that both parties contested the case on merits and had been living separately for nearly five years — the Court took a balanced approach.
Recognizing the advanced stage of litigation and long-standing separation, the Orissa High Court decided:
“Remanding the matter for fresh adjudication is a more just and equitable approach than dismissing it purely on procedural grounds.”
Thus, the Court condoned the statutory limitation under Section 14 and granted leave in favor of the husband. The Family Court, Bhadrak, was directed to re-hear the matter on merits, ensuring both parties receive a fair and complete opportunity to present their case.
Parties have been directed to appear before the Family Court on April 21, 2025, with a certified copy of the judgment. The Family Court has been instructed to resolve the matter within four months.
Before concluding, the High Court made an important clarification:
“This decision should not be treated as a general precedent for bypassing the one-year bar under Section 14 HMA. It is strictly confined to the unique facts of the present case.”
Case Title: Debabrata Debadarsan Palei v. Subhakanti Patra & Anr.
Case No: MATA No. 370 of 2023
Date of Judgment: April 03, 2025
Counsel for the Appellant: Mr. S.K. Mishra, Senior Advocate
Counsel for the Respondent: Mr. H.S. Panda, Advocate
