The Delhi High Court has allowed a couple married under the Special Marriage Act to seek divorce by mutual consent without waiting for the mandatory one-year period after marriage. The court held that the case involved exceptional hardship and that forcing the parties to continue with a marriage that had never truly begun would only prolong their distress.
Background of the Case
The appeal was filed by Shahbaz Khan after a Family Court in Saket refused to waive the statutory waiting period prescribed under the Special Marriage Act.
According to the facts placed before the court, the parties belonged to different faiths and married under the Special Marriage Act on 25 August 2025. However, the marriage faced immediate opposition from the families. The husband stated that after his family learned about the marriage, his father suffered a medical crisis and family members cut off ties with him. The wife, fearing similar consequences from her own family, kept the marriage undisclosed.
The couple informed the court that they never lived together, the marriage was never consummated, and there was no social or familial acceptance of the relationship.
A Division Bench comprising Justice Vivek Chaudhary and Justice Renu Bhatnagar examined whether the statutory timelines under the Special Marriage Act could be relaxed in appropriate cases.
The bench noted that the law generally requires a one-year period before a divorce petition can be presented and also provides a cooling-off period in mutual consent divorce proceedings. However, these provisions are intended to preserve marriages that have a realistic possibility of survival.
Referring to the facts of the case, the court observed:
“The marriage between the parties was purely notional, without any cohabitation, consummation, or social and familial recognition.”
The judges further held that the severe family estrangement faced by the husband, the medical condition of his father, and the wife's apprehension of similar consequences amounted to “exceptional hardship” within the meaning of the law.
The bench emphasized that when both parties are in agreement that the marriage should be dissolved, insisting on the statutory waiting period serves no meaningful purpose and only extends suffering.
Setting aside the Family Court's order, the Delhi High Court allowed the appeal and granted waiver of the one-year waiting period under Section 29 of the Special Marriage Act. The court held that the Family Court had adopted an unduly restrictive and technical interpretation of the law despite the exceptional circumstances presented by the parties.
The matter was remanded to the Family Court with directions to proceed with the mutual consent divorce petition without insisting on the statutory one-year separation period and to deal with the proceedings expeditiously in accordance with law.
Case Details:
Case Title: Shahbaz Khan v. Komal Shresth
Case Number: MAT.APP.(F.C.) 60/2026
Judges: Justice Vivek Chaudhary and Justice Renu Bhatnagar
Decision Date: 29 May 2026
