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rajni (student)     18 September 2009

divorce

sir/ madam,

plse tell me whether divorce can file before the expiry of one year period of marriage with mutual consent.

if yes than plse send the judgments...

 

 



Learning

 4 Replies

Sachin Bhatia (Advocate)     18 September 2009

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 unless at the

date of 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 marriage, the Court shall have

regard to the interests to any children of the marriage and the question whether there is a

reasonable probability of a reconciliation between the parties before the expiration of the

said one year.

Srivathsan (owner)     18 September 2009

 To my knowledge, it is allowed in the following cases

1. Extreme physical torture where a criminal case can be filed

2. When there is s*xual depravity and it can be proven that the man is impotent

Please correct if I were wrong 

Deekshitulu.V.S.R (B.Sc, B.L)     20 September 2009

As far as I know not within ONE year

Kamal Grover (Advocate High Court Chandigarh M:09814110005 email:adv.kamal.grover@gmail.com)     20 September 2009

It can be filed but on some specific grounds and depends upon state to state.

plz mention your state or contact any local lawyer.

Regards
adv.kamal.grover@gmail.com


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