family matter
Querist :
Anonymous
(Querist) 23 February 2011
This query is : Resolved
Dear Sir,
marraige solemnized on 15.02.2009, divorce petition filed by the petitioner(husband) on 02.02.2010 under section 12 (1) (c) -voidable marriage i.e. with in one years :-
1. whether the divorce petition is maintenable.
2. Respondnet(wife) also filed interim petition for alimony pendent lite. whether court will pass an order for maintenance.
M.Sheik Mohammed Ali
(Expert) 23 February 2011
minimum one year wanted to apply divorce. but you can filed DV, same time wife having rights to maintance, have u kids now ?
Parveen Kr. Aggarwal
(Expert) 23 February 2011
A petition under section 12(1)(c) of the Hindu Marriage Act, 1955 is not a petition for divorce and is rather a petition for annulment of marriage.
The condition of one year prescribed under section 14 is applicable only for a petition for dissolution of marriage under section 13 and not for a petition under section 12.
The Court may grant maintenance pendete lite and expenses of litigation in a petition under section 12 also.
Querist :
Anonymous
(Querist) 23 February 2011
Dear Mr. Praveen , thanks for your valuable information, I am little bit confused, you mean to say that section 14 is not applicable to 12 (1) (c) of HMA 1955, can you forward or guide me with any citation fo supreme court/high court.
Thanks
Parveen Kr. Aggarwal
(Expert) 23 February 2011
Citation or Judgment of the Supreme Court or High Court is required only if there is any ambiguity in the provision. If the provision is explicit and unambiguous, there is no necessity of any such Citation. A bare perusal of section 14 makes it clear that the provision is applicable only to a "petition for dissolution of marriage by a decree of DIVORCE" and to none else.
"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."
Amit Minocha
(Expert) 24 February 2011
agree with Mr Praveen
