The Delhi High Court has allowed a couple to seek divorce by mutual consent without waiting for the mandatory one-year period from marriage, holding that forcing them to continue a marriage that never existed in reality would cause unnecessary hardship. The court set aside a Family Court order that had earlier refused permission for an early divorce petition.
Background of the Case
The appeal arose from an order passed by the Family Court at Saket, which had declined to grant permission under Section 14 of the Hindu Marriage Act. This provision allows courts, in exceptional cases, to relax the one-year waiting period for filing a divorce petition.
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The marriage in question was solemnised in March 2025 and registered shortly thereafter. However, both sides agreed that they never lived together even for a single day and that the marriage was never consummated. Soon after the ceremony, the couple continued living separately at their respective parental homes.
Within seven months of the marriage, they jointly decided to dissolve the relationship through mutual consent. Since the law normally requires a one-year separation, they sought the court’s leave to file the petition early.
The Family Court refused the request, holding that the parties had failed to show “exceptional hardship.” It also observed that the couple had not made enough effort to save the marriage. Another reason cited was that the marriage had been formally registered, which, according to the Family Court, weakened the claim of hardship.
Court’s Observations
A Division Bench of the Delhi High Court took a different view after examining the record and hearing both sides. The court noted that there was no dispute on core facts: the parties never cohabited, never established a marital life, and had been living apart since day one.
The bench observed that the law does not exist to preserve a marriage only on paper.
“Insisting upon continuation of a marriage which exists only in law, and not in substance, would amount to compelling the parties to endure a relationship devoid of any matrimonial foundation,” the court said.
The judges also rejected the idea that marriage registration could be used against the parties. Registration, the court clarified, is a legal requirement and does not prove harmony, intent to live together, or the health of the relationship.
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On the question of reconciliation, the court noted that the parties were living in different countries, had no children, and saw no realistic possibility of resuming married life. In such a situation, waiting for the one-year period would serve no meaningful purpose.
Decision
Setting aside the Family Court’s order, the High Court held that the case clearly fell within the “exceptional hardship” category under Section 14 of the Hindu Marriage Act. The court allowed the application for early filing and granted permission to present a joint petition for divorce by mutual consent without waiting for one year from the date of marriage.
The matter was remanded to the Family Court with directions to proceed with the mutual consent divorce petition in accordance with law and without delay. The appeal was allowed.
Case Title:- X & Y
Case Number: MAT.APP.(F.C.) 443/2025
Date of Decision: 20 January 2026
