No Petition for Divorce to be presented within one year of marriage
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presented within one year of marriage – Condition prescribing time limit for filing Divorce Petition is mandatory or
directory – Wife filed Petition for divorce within one year of marriage without seeking leave of Court – Husband
objected for maintainability of Petition – Subsequently wife filed Application seeking expost facto leave of Court
under Act – Family Court allowed Leave Application filed by wife – Revision – Held, seeking of leave of Court within
one year from date of marriage to file Petition for divorce is directory and not mandatory – Law laid down in
Indumanthi v. Krishnamurthy, 1999 (1) CTC 210 was followed and different view taken by Division Bench Karnataka
High Court is Sharma H. Kasinath v. Shoba, AIR 2010 Kar. 168 distinguished.
Hindu Marriage Act, 1955 (25 of 1955), Section 14 – Time limit prescribed for filing Petition for Divorce
within one year from date of marriage – Mandatory vis-à-vis directory – Act did not contain any provision for
consequences of non-compliance of time limit prescribed under Act – Provision fixing time limit cannot be
construed as mandatory and it is directory in nature.
-https://www.lawweb.in/2013/12/no-petition-for-divorce-to-be-presented.html
