A Delhi-based couple realised their “incompatibility” within 24 hours of marriage. The couple got married on April 12, 2010, and on the next day, approached a city court seeking divorce.
Britney Spears’ wedding to Jason Allen Alexander for 55 hours may not be the record-holder for the world’s shortest wedding after all.
A Delhi-based couple realised their “incompatibility” within 24 hours of marriage. The couple got married on April 12, 2010, and on the next day, approached a city court seeking divorce.
Gulshan Sethi and Divya Bhardwaj, in their joint divorce petition filed under section 13B of the Hindu Marriage Act, contended that they are “totally incompatible”, have “different mindsets and have ambitious career orientations” and that these conditions are forcing them to live apart.
According to the petition, Sethi works with a popular food chain in the capital while Bhardwaj is a flight attendant with a leading airline in Doha. Both say they have different opinions for pursuing their respective careers.
The couple approached a trial court seeking waiver of the one year period as mandatory under the relevant section. Not convinced with their argument, the court dismissed their petition. The couple then approached the high court which rejected their petition.
Justice Kailash Gambhir said: “The legislative mandate under Section 13B(1) of the Hindu Marriage Act of providing a period of one year separation before presenting a petition seeking divorce by way of mutual consent cannot be waived under proviso of Section 14 (no petition for divorce can presented within three years of marriage) of the act.”
Highlighting the judgement, the court said: “Filing of the petition with mutual consent does not authorise the court to make a decree for divorce. The period of waiting was obviously intended to give both parties the opportunity to reflect on their move, and seek advice from relations and friends. One of the parties may have second thoughts. The period is a part of substantive law and not just a procedural formality.”
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