divorce before one year
aruna tondon
(Querist) 22 April 2011
This query is : Resolved
Good day, all
i am junior i have a doubt .........
is it possible to file a divorce petition before one year of marriage i.e. just marriage after 8 months. please send me reply
Parveen Kr. Aggarwal
(Expert) 22 April 2011
Section 14 of the Hindu Marriage Act, 1955:
"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, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage:
Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may
be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the 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 said one year."
Naresh Kudal
(Expert) 22 April 2011
If there is sufficient grounds, divorce petition can be filed within 1 year of marriage.
Dayananda Gowda
(Expert) 23 April 2011
There is a statutory bar in filing the divorce petition within 1 year. The sufficient ground could not help anybody to file within 1 year.
indrajit mukhopadhyay
(Expert) 23 April 2011
Mr GOWDA
Before passing any remark you should know the law very well.
Yes I agree with you that to file a divorce petition 1 year statutory bar is there.But you should know that if the exceptional hardship is proved by either of the party then with the leave of the court divorce petition can be filed within 1 year and this is the law.
Sarvesh Kumar Sharma Advocate
(Expert) 22 April 2011
