Couples seeking divorce within a year of their wedding must file a separate application citing “exceptional hardship” or “exceptional depravity” in order to waive the mandatory one-year waiting period under the Hindu Marriage Act, 1955, the Orissa high court has observed, adding that the court retains discretion in such cases to allow the petition. Noting that the couple have been residing separately for nearly five years and proactively contesting the case before the court, the bench said it would be apt to remand the matter back to the family court for fresh adjudication, rather than dismissing it purely on procedural grounds. (HT Archive) Disposing of a petition filed by a man, who had challenged a family court’s order denying his prayer for divorce from his wife within a year of their wedding, a division bench of the high court held that Section 14 of the Hindu Marriage Act (HMA), which bars presentation of petition for divorce within one year of marriage, starts with a non-obstante clause, meaning it overrides all other provisions of the 1955 …