No divorce to couples within first year of their marriage

Angry couple arguing telling their problems to Judge gavel deciding on marriage to conclude an agreement on the divorce. They quarrel and argue with each other.

The Hush Post | 6:00 pm | One-minute read

Allahabad High Court came out with an order on Tuesday, May 7, that the married couples cannot file divorce within the first year of their marriage. The divorce before the first marriage anniversary would be considered illegal. The court expressed its concern about the increasing number of divorces in the country.

Giving more details about the same, the court said that they are not making any new rule or law, but practicing the present law. According to section 13 B of marriage act, a couple can ask appeal for divorce with their mutual consent only after one year of marriage, not prior to that.

Earlier, Arpit Garg and Aayushi Jaiswal of Prayagraj district gave an application to the family court regarding their divorce. But on December 20, 2018, the court rejected their application advising them to solve their issues. So, after that they went to the high court and challenged the decision of the family court.

When investigated, Justice SK Gupta and PK Srivastav found that they got married on July 9, 2018. They were appealing for divorce within the first year of their marriage. After that, the couple in the court said that it is not possible for them to stay together due to several reasons. But rejecting their appeal, the court said that they had to live together for at least one year.

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