Divorce--Waiving off Waiting Period--Unconsummated Marriage Without Cohabitation Since Inception Constitutes Execeptional Hardship
Under Section 14(1) of the Hindu Marriage Act, the one-year bar on filing a divorce petition may be waived where exceptional hardship is established. Where a marriage is never consummated, parties never cohabit even for a single day, live separately from inception, and no reasonable possibility of resumption exists, these circumstances collectively constitute exceptional hardship within Section 14(1). Registration of marriage is a statutory mandate only and is not determinative of matrimonial harmony or viability.
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