A petition for divorce can be filed by either husband or
wife as per provisions of the Act after one year of from the
date of marriage. No petition of divorce can be filed within
one year of marriage as per Section 14 of the Hindu Marriage
Act 1955. Provisions related to time limit for filing
divorce petition under this Act are.
Section 14- No petition for divorce to be presented
within one year of marriage
Section 14 (1) Notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of 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 petitioner obtained leave to present the petition by any mis-representation 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.
Section 14 (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.
What is Alternate Relief in Divorce Proceedings? Section 13A of the Hindu Marriage Act 1955. What is divorce by Mutual Consent as per Section 13B of The Hindu Marriage Act 1955. Alternate relief and Divorce by mutual consent of husband and wife.
What is application of Act 5 of 1908? Power to transfer petition in certain cases. Special provision related to trial and disposal under the Act and Documentary evidence. Section 21, 21A, 21B & 21C of The Hindu Marriage Act 1955