The case of Dasari Devika vs. Venkat Rohan Chalsani involves a Family Court Appeal filed by Dasari Devika against an order in O.P.S.R.No.7936 of 2023, related to a petition for divorce by mutual consent under Section 14 of the Hindu Marriage Act, 1956. The appeal was heard by the bench of Hon’ble Sri Justice K. Lakshman and Hon’ble Smt. Justice K. Sujana.
Background
Dasari Devika, the appellant, filed a petition seeking permission to file a petition for divorce by mutual consent without waiting for the one-year period from the date of marriage. She stated that her marriage with Venkat Rohan Chalsani was solemnized on 07.12.2022 in Hyderabad, but it was not consummated, and there was no chance of reconciliation.
Key Arguments
- Appellant’s Argument: Dasari Devika argued that there was no chance of reconciliation, and the court should allow the petition for divorce by mutual consent without waiting for the one-year period.
- Respondent’s Argument: The respondent, Venkat Rohan Chalsani, filed a petition under Section 13-B of the Act for mutual divorce, stating that despite efforts, their minds did not match, and they agreed to separate.
Court’s Observations
The court observed that Section 14 of the Act prohibits the filing of a divorce petition within one year of marriage, except in cases of exceptional hardship or depravity. The court noted that the grounds cited by the appellant were not exceptional circumstances under Section 14.
Court’s Decision
The court upheld the trial court’s decision, stating that there was no illegality in dismissing the petition. The court found no merit in the appeal and dismissed it. The court also directed that there shall be no order as to costs.
Conclusion
The court’s decision emphasizes the importance of the one-year period after marriage before filing for divorce, as specified in Section 14 of the Act. The judgment reaffirms the intention of the legislature to provide couples with time to understand each other and reconcile, thereby promoting the institution of marriage.
References: https://indiankanoon.org//doc/14657319/