Divorce u/s 14 of HMA
Ranganath
(Querist) 19 January 2009
This query is : Resolved
Respected counsels, If I file a divorce petition u/s 14 of HMA (citing exceptional hardship) and the opposite party though deny the allegations but giving consent for divorce in the court will the court ask for filing mutual divorce petition. Or will the court accept the petition and grant divorce.
Petition need to be filed within one year of marriage.
In case if the opposite party is putting a condition that consent will be given if some money is paid. will the court accept even if the exceptional hardship is proved.
ARVIND JAIN
(Expert) 19 January 2009
MUTUAL CONSENT IS UNDER SEC 13 NOT 14. IT CAN BE MUTUAL CONSENT ONLY.
Ranganath
(Querist) 20 January 2009
Dear Mr Prabhakar , Thanks for your reply. When the application is made u/s 14 of HMA, and the wife's willful refusal for re-union and a fake compliant is proved before court, will the court dismiss the application. Most divorce (within one year time) are mutual consent, but the question is both husband wife are unwilling to continue the marriage. In the divorce application is it just for her to say that she expects money from me for compensation.
Jainodin shaikh
(Expert) 20 January 2009
If application is for divorce, the court only has to allow or dismiss the application. Court has no power to advice you about the remedy available to you.
If there is a compromise between both the parties, they can file an application for divorce by mutual consent which should be filed AFTER one year of the marriage.
nitin
(Expert) 23 January 2009
dear Ranganath
if the application U/S 14 is being filed then the court will take the cognizance in respect of that only even if the other party agreed for the divorce.
moreover the divorce u/s 14 can only be obtained on the basis of the grounds mentioned u/14only and hardship is an irrelavent ground.
divorce on the basis of mutual consent is a separate matter u/s 13-b
PALNITKAR V.V.
(Expert) 26 January 2009
The opinion given by Mr. Prabhakar is absolutely right. If the parties are not willing to sign the mutual consent, then the usual procedure has to be followed. Merely because both the parties are not willing to continue marriage a decree of divorce can not be passed. Grounds as mentioned u/s 13 of Hindu Marriage Act must exist or the parties has to sign the mutual consent.
Hiralal Das
(Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.
