In a notable decision from the Allahabad High Court, Justices Arindam Sinha and Avnish Saxena dismissed an appeal filed by Arpit Garg and his wife Ekta Gupta, who had jointly sought permission to file for divorce by mutual consent within months of their marriage. The bench firmly stated that the legislature’s intent is clear-marriage must be given a chance, even when both partners agree to part ways.
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Background
Arpit Garg and Ekta Gupta were married on 3rd March 2025. However, the couple separated just 18 days later, on 21st March. Later, they moved a joint application before the Family Court under Section 14(1) of the Hindu Marriage Act, which restricts divorce petitions within the first year of marriage unless there are extraordinary circumstances.
The Family Court refused their application in August, prompting the husband to appeal before the High Court. Represented by advocate Ashish Gupta, the husband argued that his client faced “exceptional hardship” because of ongoing criminal complaints filed by the wife, besides being unable to move abroad due to pending litigation. Interestingly, the wife also supported the appeal, appearing through counsel Manoj Kumar Gautam.
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Court’s Observations
The bench heard both sides but remained unconvinced. Justice Sinha, delivering the opinion, remarked, “Their conduct of being able to agree with each other to jointly petition for divorce by mutual consent militates against any or both of them alleging exceptional hardship.”
The court emphasised that Section 14 of the Hindu Marriage Act was designed to prevent hasty separations and ensure marriages receive a fair trial period. The judges noted that while previous rulings, like Angad Soni v. Arpita Yadav decided earlier this year, had allowed early divorce under exceptional circumstances, the present case lacked such grounds.
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It was pointed out that the couple had lived together for less than 20 days before separating. The bench further added that neither party alleged “exceptional depravity,” a condition under which early divorce could sometimes be justified.
Decision
Finally, the division bench upheld the Family Court’s order and dismissed the appeal. The judgment closed with a hopeful note: “We still hope parties, in the time required before they can file for divorce by mutual consent, will get back together.”
With this ruling, both parties must now wait for the mandatory one-year period before filing a fresh petition for divorce.
Case: Arpit Garg vs. Ekta Gupta
Case Number: First Appeal No. 706 of 2025
Date of Decision: 24th September 2025