divorce in hindu
Rakesh Agarwal
(Querist) 23 November 2008
This query is : Resolved
whether divorce can be filed within one year in hindu law?
Tribhuwan Pandey
(Expert) 23 November 2008
Under Section 14 of Hindu Marriage Act-No petition for divorce to be presented within one year of marriage.
but there is a proviso if rules made by High Court that in excepional hardship court may pass divorce decree.
RAKHI BUDHIRAJA ADVOCATE
(Expert) 23 November 2008
Yes, u can file a petition for divorce within one year of the marriage but u will have to file an application under section 14 of the Hindu marriage act.
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A. A. JOSE
(Expert) 24 November 2008
Yes, I endorse both the above views.
G. ARAVINTHAN
(Expert) 24 November 2008
Section 14 of Hindu Marriage Act clearly says as follows :
Section 14 : No petition for divorce to be
presented within one year of marriage.
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, since the date of the marriage.
(2) In disposing of any application under this section for leave to present a petition for divorce before the 1[expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 1[said one year].
Adv.Shine Thomas
(Expert) 25 November 2008
In case of exigencies,you can file petition for divorce and once it is proved,the court will grand divorce.
M. PIRAVI PERUMAL
(Expert) 25 November 2008
What Mr. Aravinthan said is exactly correct.
Suresh Kr. Mitruka
(Expert) 26 November 2008
for institution of the suit for divorce, leave of the court is required to be obtained u/s. 14 of the Hindu Marriage Act,on the ground of hardships/ exigencies
ritu bhadana
(Expert) 03 April 2009
i agreew ith mr. tribhuvan
