Prayagraj: In a significant ruling, the Allahabad High Court has held that when one spouse files a criminal case against the other, and both later jointly seek a divorce by mutual consent, courts must consider granting it by invoking the exception under Section 14(1) of the Hindu Marriage Act, 1955.

The bench comprising Justice Vivek Chaudhary and Justice Brij Raj Singh observed that the proviso to Section 14(1) provides an exception to the general rule that a divorce petition can only be filed after one year of marriage.

"The proviso to Section 14(1) of the Act, 1955 is an exception to the necessity for expiration of a period of one year since the date of marriage to enable a party to file a petition for divorce. Once an application under Section 14(1) is filed, the court must assess whether there is exceptional hardship to the petitioner or exceptional depravity on the part of the respondent," the court said.

The case pertained to a couple who got married on August 5, 2024, and later solemnised their marriage under Hindu rites on September 3, 2024. However, the relationship quickly soured. The husband filed a complaint on the IGRS portal alleging a threat of false FIRs from his wife, following which the wife filed an FIR.

Subsequently, a second FIR was filed by the wife under Sections 376 and 506 IPC and Section 3/4 of the POCSO Act. Amid the ongoing criminal proceedings, the couple approached the family court seeking divorce by mutual consent, along with an application under Section 14 seeking relaxation of the one-year waiting period.

However, their plea was rejected by the Principal Judge, Family Court, Ambedkar Nagar, prompting them to move the High Court.

(With inputs from Live Law)