Section 14 of the Hindu Marriage Act, 1955 was thus enacted and it says that no couple can file for divorce within the year of marriage to cope with any poor decision, as per the Hindu marriage act divorce has certain grounds that need to be satisfied to file for the divorce, If you have any query regarding this issue you can ask for the free legal advice, talk to best divorce lawyers or you can hire the best lawyer in your city through Lead India, the Indian court can sometimes permit the couple to file the petition for divorce one year early but in only exceptional circumstances and these circumstances are when the petitioner is harmed physically or mentally.
As per the Hindu Marriage Act 1955 section 14 of this act demonstrate that the divorce petition cannot be filed within the first year of marriage this section mainly focused on the fair trial, this section ensures that no petition for the divorce shall be entertained unless the marriage has completed one year, this one year of the time is the allotted by the statute to resolve any kind of dispute between the parties and in the extreme conditions as per the rules of High Court and the application by the high court the court may entertain the divorce petition before one year of the marriage.
Exception To The Hindu Marriage Act, Section14
There are some exceptional cases that have been made by The Bombay High Court recently, which said that, despite specific prohibitions under the Hindu Marriage Act, the parties may file for divorce within a year of marriage in the event of exceptional hardship.
In this instance, a woman who lived in the city left her husband’s house within 45 days of their wedding and requested a divorce ten months later. She got married in April 1998 and filed for divorce in February 1999 at Bandra Family Court.
The marriage was dissolved on the grounds of cruelty after the court accepted her claim that she had been subjected to mental torture by her husband and in-laws.
The husband appealed to the high court, where Sachindra Shetye and Niranjan Mogre claimed that, in accordance with Section 14, the family court could not have taken the plea submitted before the end of the year into consideration.
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though, stated that family courts could consider a divorce request “where the petitioner faces exceptional hardship or exceptional depravity at the hands of the respondent.”
The judges noted that Section 14 does make exceptions when a spouse experiences exceptional hardship or exceptional depravity, even though they agreed that its purpose is to deter young couples from starting divorce proceedings on frivolous and irresponsible grounds.
The judge continued, “The family court will consider the circumstances and determine whether there is prima facie evidence of exceptional hardship or depravity.
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