No Need to Wait for Years for Divorce

With changing social conditions, the institution of marriage is becoming weaker day by day. The number of couples seeking divorce in the country is steadily increasing. These days, even small reasons are leading to divorces. Earlier, divorce was considered a matter of social stigma, and couples tried to adjust as much as possible. Elders would also advise against divorce, encouraging couples to overcome problems and live together.

Only when the situation became unbearable and adjustment seemed impossible did people finally think about divorce. Even after applying for divorce, it used to take a long time for it to be granted. However, the situation has changed. Earlier, there was a rule that couples must live separately for one year before applying for divorce. Only after completing this period could they apply. This provision was introduced under the Hindu Marriage Act.

Recently, the Delhi High Court removed this condition. The court clarified that couples seeking divorce by mutual consent no longer need to wait for one year. A three-judge bench comprising Justice Navin Chawla, Justice Anup Jairam Bhambhani, and Justice Renu Bhatnagar delivered this landmark judgment. The ruling was given during the hearing of the case Shiksha Kumari vs Santosh Kumar.

With this judgment, the divorce process will become easier for couples who mutually agree to separate. The court observed that when a marriage has completely broken down, forcing couples to live together merely because of legal provisions serves no purpose. The judges stated that compelling two unwilling individuals to remain in a marital bond adversely affects their mental and emotional well-being.

They remarked that such enforcement pushes people not towards a happy married life, but into a “marital abyss.” Under Section 13B(1) of the Hindu Marriage Act, 1955, couples were required to live separately for one year before filing a divorce petition. However, the court clarified that this condition need not be strictly applied in all cases and can be relaxed under special circumstances.

The bench explained that if a person seeking divorce is facing severe hardship or if the partner’s behavior is extremely cruel, courts have the authority to grant divorce without insisting on a one-year waiting period. The court expressed concern that unnecessarily prolonging the divorce process could severely impact the future of the couple.

The judges noted that delays could deprive individuals of the opportunity to rebuild their lives or remarry at an appropriate age. Such delays, they observed, also become obstacles to leading a normal life in society. By exercising powers under Section 14(1), courts can waive the one-year waiting period.

However, waiving the one-year condition does not automatically cancel the six-month cooling-off period under Section 13B(2). Courts will examine this separately. If a court decides to waive both periods—the one year and the six months—it may grant divorce immediately. This relief, however, applies only to couples facing exceptional hardship, not to routine cases.

Both Family Courts and High Courts have the authority to relax these time limits. If anyone obtains this relief by providing false information or concealing facts, the court has the power to cancel the divorce at any stage. This Delhi High Court judgment brings a humane perspective to divorce laws.

Rather than forcing separated couples to run around courts for years merely to satisfy procedural requirements, the ruling emphasizes helping them move forward with their lives at the earliest. This judgment is likely to have a positive impact on many divorce cases in the future.