A single judge bench of Telangana High Court held that, a divorce petition is maintainable within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship.
From Para 5,
5. The petitioners have claimed that the Court below erred in dismissing their application and failed to understand the hardship faced by the petitioners that is the personal health issues and impotency, which they had explicitly stated. Their petition under Section 14(1) of H.M. Act was dismissed mechanically, without appropriate examination of the content. They have also pleaded that the Court below dismissed their petition without considering their arguments and the precedents they cited, thus exceeding the scope of the matter.
From Para 7,
7. The petitioner No.2 is forty (40) years old and who appeared personally through video conferencing submitted that she has received a marriage proposal which is at the final stage of settlement. However, things cannot materialise unless the divorce is obtained so far as the present marriage is concerned. She wishes to remarry due to biological complications that can occur with pregnancies at her age, such as a higher risk of miscarriage and potential complications during delivery.The delay in the divorce process is causing her a great deal of anxiety, as she is keenly aware that time is not on her side which is an immediate resolution to her request for divorce.
From Para 15,
Dandamudi Phani Krishna Vs Boyapati Lakshmi Aparna on 22 Mar 202415. In the present case the marriage between the petitioners was solemnized on 01.06.2023 and they commenced their matrimonial life together. However, their marital journey was short-lived as they continued their marital life for two (02) months. During this brief period, their relationship was beset by differences that arose primarily due to health problems and impotency. These issues created a barrier in their relationship and led to the consensual decision of dissolving their marital bond. The primary reason that necessitated the divorce is the couple’s incapacity to continue their marital relationship, which has been severely affected by health problems and impotency. Both parties are unequivocally in agreement about their decision to divorce, and there seems to be no possibility of reconciliation. Their mutual consent for divorce underscores the irreparable breakdown of their marriage. Further adding to the complexity of the situation is the fact that the petitioner No.2, who is forty (40) years old, has received marriage proposals and is keen on remarrying. Her decision is fuelled by the potential biological complications associated with pregnancies at her age. She is acutely aware of the higher risks of miscarriage and potential complications during delivery that can occur with pregnancies at her age. Therefore, she wishes to remarry as soon as possible to mitigate these risks at the earliest. Since they have already completed their ten (10) months waiting period and just about two (02) months time is left to complete the waiting period. Hence, they already waited for the substantial part of the statutory waiting period.
Index of Divorce Matters here.