Denial Of Sex Not ‘Exceptional Hardship’ To End Marriage: Delhi HC

The appellant/petitioner (wife) had challenged the order passed by the family court. The marriage between the appellant and the respondent was solemnised on 4 April 2021 as per the Hindu rites and ceremonies at Ram Nagar, Uttarakhand.

The appellant started living separately on April 14, 2021, in the same matrimonial home after marital differences cropped up between the couple. On July 29, 2021, the appellant left her matrimonial home and went to her parental house.

The bench said, “We reject this appeal and uphold the order of the family court rejecting the application of parties filed under the proviso to Section 14 of the Hindu Marriage Act, 1955. We reserve the right of the parties to move to the appropriate court independently, after the expiry of one year of separation”.

The High Court said, “The intent behind the framing of Section 13, 13B and Section 14 of the Hindu Marriage Act was to protect both- the individuals, as also the marriage. What the legislature has sought to address by way of divorce on the ground of cruelty, cannot be categorised as exceptional hardship or depravity so as to by-pass the well-established procedure”.

The family court on October 16, 2021, had dismissed the divorce petition filed by the husband and wife under Section 13B (divorce by mutual consent) for dissolution of marriage.

The family court had dismissed the application under Section 14 and the petition filed under Hindu Marriage Act as it was filed before the expiry of one year from the date of marriage.