In a significant ruling, the Delhi High Court has allowed a couple to seek divorce by mutual consent without waiting for the mandatory one-year period after marriage. The court set aside a Family Court order that had earlier refused such relief.
Background of the Case
The case, Paras Jain & Anr. vs Nemo, arose from a brief marriage solemnized on May 7, 2025. The couple separated within a week, on May 15, 2025, and later entered into a mutual settlement on September 19, 2025, agreeing to dissolve the marriage.
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They approached the Family Court seeking waiver of the one-year waiting period under the Hindu Marriage Act, 1955, but their request was rejected. The Family Court held that the statutory period had not elapsed and dismissed their plea for divorce by mutual consent.
Challenging this, the parties filed an appeal before the High Court.
A division bench comprising Justice Vivek Chaudhary and Justice Renu Bhatnagar examined whether the case met the threshold of “exceptional hardship” required to waive the one-year condition.
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The court noted several key facts:
- The couple lived together for only seven days
- The marriage was never consummated
- They had no children
- Both parties had already settled their disputes amicably
The bench also interacted with the parties privately and found their reasons genuine, though it chose not to record them to protect their privacy.
“The matrimonial relationship… never took shape in any meaningful sense,” the bench observed.
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The court further emphasized that forcing the parties to continue in such a situation would serve no real purpose.
The High Court relied on earlier rulings, including Amardeep Singh v. Harveen Kaur and its own Full Bench decision in Shiksha Kumari v. Santosh Kumar, which clarified that:
- The one-year period under Section 13B(1) can be waived
- Courts can grant such waiver in cases of exceptional hardship
- The goal is to avoid prolonging a marriage that has effectively broken down
The bench reiterated that while the law encourages reconciliation, it should not become a source of unnecessary suffering.
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Allowing the appeal, the High Court:
- Set aside the Family Court’s order dated December 8, 2025
- Granted waiver of the one-year waiting period under Section 14 of the Act
- Permitted the parties to immediately file a mutual consent divorce petition
- Directed the Family Court to proceed with the case expeditiously
“The case falls within the scope of exceptional hardship… insisting on the statutory period would only prolong a marriage that exists merely in law,” the court held.
The matter has been remanded back to the Family Court for further proceedings in accordance with law.
Case Title: Paras Jain & Anr. vs Nemo
Case Number: MAT.APP.(F.C.) 72/2026
Decision Date: March 10, 2026
