(Guest)

DIVORCE BRFORE 1YEAR OF MARRIAGE

IS IT POSSIBLE FOR A PERSON TO FILE FOR DIVORCE BY MUTUAL CONCENT BY BOTH THE PARTIES WITH IN 3 MONTHS OF MARRIAGE UNDER HINDU MARRIAGE ACT...OR HE/SHE HAS TO WAIT FOR COMPLITATION OF 1 YEAR TO FILE...PLEASE SUGGEST.

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11 Replies

kranthi kiran (Works In Judicial Department) 17 August 2009

Dear Friend Section 14 of HMA reads as follows.

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.

Therefore Courts in exceptional cases can grant leave to file divorce application, before the expiration of one year.

Mrs. Hetal Sunil Shah (Advocate) 17 August 2009

mr. kiran is right.

(Guest)

DOES IT MEAN THERE IS NO CHANCE...A COULE HAS TO COMPLETE 1 YEAR EITHER TOGETHER OR BY LIVING SEPRATELY!!!!

charudureja (advocate) 17 August 2009

yes except the conditions or situations mentioned in Section 14 there isnt any ohter situation where one can get divorce with in one year of the marriage even mutual consent will not help a couple in this matter.

Dharmesh Manjeshwar (Advocate/Lawyer) 17 August 2009

Sadly it is true .... and there are no other options available

VIKAS WALIA (LAW OFFICER ) 17 August 2009

Hi dear, although the circumstances for availing the divorce have already been explained by our Ld. friends, however, under peculiar set of circumstances one can go for annulment of marriage u/s 12 of HMA. A suit for obtaining the decree of nullity has to be filed within one year of marriage if it satisfied certain touchstones specified in the said section. You should go through the said section to ascertain whether facts in your case qualifies for obtaining relief under said provision.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 18 August 2009

Dear Author,

I do agree with the views of Mr. Kiran. But I need further details of ur case. U can call me at 09871158578/09711364956.

gdk (student) 18 August 2009

can we file nullity case after one year of marriage please reply soon.

aruntrivedi (lawyer) 18 August 2009

Yes - as aplicable under Section-5 of Hindu Marriage Act, 1955 more specially Section-12(1)(a) - hope Visha will help you.

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com) 18 August 2009

Marriage Nullity can be filed at any time but within one year from the date of knowledge as per section 12 of HMA.

(Guest)

what are the legal grounds on which i can file for the nullity of marriage within 1st year of the marriage...on the other hand if she's not ready to take the divorce or nullify the marriage....i was brutely biten physically and mentally torchered..in last three months by my wife....please help..how to get rid of her.