VISHNUDAS H. Vs. STATE

JUDGEMENT

(1.) Death of a marriage takes place slowly in most cases. Small bickerings transform into longer squabbles and then turn into unending fights over a period of time and ultimately, end in a court of law as divorce proceedings. In certain rare cases, like the one on hand, death of a marriage takes place overnight. However, law compels them to wait for one year before they can even present a petition for divorce.

(2.) The parties to the marriage involved in this case, stayed together only on their wedding night. To put an end to the misery of two irreconcilable souls, law governing them, requires a waiting period. Section 14 of the Hindu Marriage Act, 1955 (hereinafter for brevity referred to as "The Act") requires that one year must elapse since the date of marriage, for presenting a petition for divorce. Together, they sought a waiver of the said period of one year. Family Court refused. They seek the intervention of this Court to come to their aid.

(3.) The factual narration, as stated in this petition challenging the refusal of the Family Court to grant permission to present the petition for dissolution of marriage even before the lapse of one year, can be described in brief as follows.