A single judge bench of Karnataka High Court (at Dharwad) held that, a divorce petition is maintainable within 1 year from date of marriage, if there are Pleadings about Exceptional Hardship.
From Para 6 (Issue Framed)
6. From above, only question that would arise for consideration is ‘whether petitioners have made out a case of exceptional hardship and whether trial Court was justified in rejecting I.A.no.I?’
From Paras 7 and 8 (Pleadings about Exceptional Hardship)
7. Perusal of petition at Annexure-A would indicate that there are specific pleading about petitioner no.2 being forged into marriage and due to same, she had withdrawn from marital obligations. They have also stated that marriage having not been consummated and parties being residing separately and failure of efforts for reconciliation by family members and elders. It is also seen that parties have intended to move on with their lives after obtaining divorce.
8. While passing impugned order, only reason assigned by trial Court is that there are no averments to make out a case of exceptional hardship, which does not appear to be justified in view of above observations.
From Para 9 (Enquire the parties about Exceptional Hardship or lack of it)
9. On other hand, it would have been appropriate for learned trial Judge to have devoted some effort to enquire about existence or otherwise of exceptional hardship as provided in Section 14 of Act. Without such exercise, arrival of conclusion as above would not be justified.
Sushil Daddimani and Anr Vs Nil on 27 Mar 2024
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