Divorce-- Waiving off Period of One year--Non-Consummation, Immediate Separation, and Cross-Border Residence Held to Constitute Exceptional Hardship Under Section 14, Hindu Marriage Act
The proviso to Section 14(1), Hindu Marriage Act, 1955, permits waiver of the one-year period under Section 13-B(1) where the marriage was never consummated, parties lived separately since inception, and reside in different countries with no realistic possibility of cohabitation—constituting exceptional hardship. Insisting on continuation of a marriage existing only in law, and not in substance, would compel parties to endure a relationship devoid of matrimonial foundation, causing avoidable hardship. Registration of marriage is merely a statutory mandate and cannot determine matrimonial harmony or viability of relationship.
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