Divorce dispute filed before completion of one year of marriage not maintainable, says Gujarat HC

The Gujarat High Court has ruled that Family Courts cannot examine the merits of a divorce dispute if a petition has been filed before the completion of the mandatory one-year period from the date of marriage, as prescribed under the Hindu Marriage Act.

Setting aside an order passed by the Family Court in Kadi, Mehsana district, the High Court held that once a petition is found to be premature under Section 14 of the Act, the court has no jurisdiction to adjudicate the allegations made by either spouse.

High Court sets aside Family Court observations

The husband had approached the Family Court seeking divorce on the grounds of cruelty and desertion. However, the petition was filed before the couple had completed one year of marriage.

While the Family Court dismissed the petition as premature, it also went on to examine the allegations and observed that the husband was unwilling to continue cohabitation with his wife.

The High Court held that such findings could not have been recorded once the court had concluded that the petition itself was not maintainable.

Section 14 bars premature divorce petitions

A division bench observed that Section 14 of the Hindu Marriage Act clearly prohibits courts from entertaining divorce petitions before one year has elapsed from the date of marriage.

"Section 14 of the Hindu Marriage Act clearly provides that no court can entertain any petition for dissolution of marriage unless, at the date of presentation of the petition, one year has elapsed since the date of marriage," the bench observed.

The court clarified that if a divorce petition is filed before the statutory period, the Family Court can either return the petition or dismiss it as premature, but cannot examine the factual disputes or conduct of the parties.

Fresh petition can be filed after statutory period

Allowing the husband's appeal, the High Court granted him liberty to file a fresh divorce petition after the expiry of the mandatory one-year period.

The bench further directed that if such a petition is filed, the Family Court shall hear the matter independently, permit both parties to lead fresh evidence and decide the case without being influenced by any observations made in the earlier premature proceedings.