For the purpose presenting a petition under Section 13-B of the
Hindu Marriage Act before expiry of one year, Section 14 of this Act would
be relevant, which reads as under:-
“14 No petition for divorce to be presented within one year of marriage.
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce unless at the date of the presentation of the petition one year has elapsed since the date of the marriage:
Provided the court may, upon application made to it in accordance
with such rules, as may be made by the High Court in that behalf, allow a petition to be presented, before one year has elapsed, since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.”
Proviso to the above-said section lays down that the period of one year can be waived by the courts in two categories of cases:
- In case of exceptional hardship
- In case of exceptional depravity
In a recent judgment of the Hon’ble Punjab and Haryana High Court, the Division Bench of the Court in FAO No.658 of 2021 titled Shivani Yadav Vs Amit Yadav decided on 06.08.2021 waived off the period of 1 year, stating that the couple had stayed together only for two days after their marriage and this is the sufficient ground to allow their application filed under Section 14 of the Act for waiving off the mandatory period of one year