Allahabad High Court Denies Mutual Divorce Filed Within 6 Months Of Marriage Without 'Exceptional Depravity'

The Allahabad High Court has denied grant of divorce to a couple who had filed for the same jointly within 6 months of marriage on grounds that there was no exceptional depravity claimed by either party.

Parties got married on 3^rd March, 2025 and started living separately from 21^st March, 2025. Subsequently, they filed for mutual divorce. However, their application was rejected vide order dated 13^th August, 2025. Challenging the order of the Family Court, counsel for appellant-husband argued that leave ought to have been granted for mutual divorce as his exceptional hardship is that he is unable to proceed abroad because of the litigation.

The bench of Justice Arindam Sinha and Justice Avnish Saxena held,

“We go further to say that their conduct of being able to agree with each other to jointly petition for divorce by mutual consent militates against any or both of them alleging exceptional hardship. Intention of the legislature is clear inasmuch as, the marriage must be given a chance. Of all the provisions in the Act for separation of the parties, they are subject to section 14. There can be cases of exceptional hardship and depravity, where one spouse is trying to take advantage of the marriage happened.”

The Court held that the parties had been living separately since 20 days after marriage and had filed for divorce mutually, and there was no case for exceptional depravity made out.

Accordingly, the appeal was dismissed with an observation that the Court hoped that the parties may get back together till the time they can file for mutual divorce.

Case Title: Arpit Garg v. Ekta Gupta [FIRST APPEAL No. - 706 of 2025]

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