This is a question many young couples in difficult marriages ask, and while the general rule under Section 14 of the Hindu Marriage Act, 1955 requires that one year must pass from the date of marriage before a divorce petition can be filed in Delhi, the law does provide a meaningful exception for cases involving exceptional hardship or exceptional depravity on the part of the respondent. This means a joint divorce petition in Delhi before completing one year of marriage is not automatically barred — it simply requires special permission from the court.

To file before the one-year mark, you must apply to the Family Court for leave to present the petition early, specifically demonstrating that the case involves exceptional circumstances such as severe cruelty, violence, or conduct so serious that requiring the couple to wait out the full year would cause genuine, disproportionate hardship. Courts in Delhi assess these applications carefully, since the one-year waiting period exists specifically to discourage hasty divorces and encourage couples to genuinely attempt reconciliation before approaching the court.

If the court grants leave to file early, the divorce petition can then proceed on its merits, following the same procedural path as any other case — though it's worth noting that even where leave is initially refused, the court retains discretion to later dispose of the case as if the petition had been filed after the one-year period had properly elapsed, meaning your case isn't necessarily lost even if early filing permission is denied outright.

For mutual consent divorces specifically, since Section 13B independently requires proof of one year of living separately, the exceptional hardship exception under Section 14 becomes especially relevant where a couple wants to formalise their joint divorce petition in Delhi before that year has technically passed, provided they can demonstrate genuinely difficult circumstances justifying the earlier filing.

Because this exception requires persuasive evidence and careful drafting of the leave application, it is genuinely worth reaching out via Aapka Legal Advice before attempting to file early, since a poorly supported application can be dismissed, delaying your case rather than expediting it.

The Best Divorce Lawyers & Retired Judges in Delhi | Aapka Legal Advice network includes divorce lawyers experienced in early-filing applications under Section 14, along with a panel of retired judges who can offer realistic insight into how Delhi courts typically evaluate exceptional hardship claims.

In summary, a joint divorce petition can be filed in Delhi before completing one year of marriage, but only with court permission based on exceptional hardship or depravity. Building a strong, well-evidenced leave application is essential to succeeding on this route.