Marriage is the most important event in a family’s life, as in India marriage is considered to be necessary by almost everyone. The Hindu Marriage Act, 1955 provides for the legal procedure as to how a marital bond shall come into effect including the obligations and the duties of the parties.
As per the provision of the Hindu Marriage Act, 1955, either party to a marriage could file for divorce on the grounds of unhappiness or if the marriage is not tenable anymore. Generally, a divorce application could only be submitted after one year of marriage. However, in some incidents where the petitioner is suffering in the marriage or there is a situation of mental instability of the respondent, the court may allow for a petition before a time period of one year has passed.
As there may be temperamental differences between the parties that could be worked out over time and should not be used as a reason to end the marriage, Section 14 of the HMA provides for the chances of reconciliation and reconsideration.
Section 14 of the HMA
A divorce petition could be filed within the first year of marriage as provided by Section 14 of the HMA. Thus, one year’s time could be understood as the time provided by the law to solve, sort, understand, and communicate difficulties among the partners.
Section 14 of the HMA provides for the chances of reconciliation and reconsideration as there could be differences in the temperaments of the parties which could be worked out with time and should not be used as a justification to end the marriage.
Thus, as a result, no court could hear a divorce petition unless a period of one year has passed, unless it has been determined by the court that the petitioner is suffering from exceptional depravity on the part of the respondent, such application would be accepted by the court.
While denying an application under Section 14 of the Act, the court considers the interest of any child born from the marriage, or if there is a chance for the parties to reconcile and thus save their marriage.
Thus, as per Section 14 of the Act, a petition for divorce cannot be filed in a court of law before a period of one year has passed after the marriage. The exception to this provision is only if the petitioner is suffering-
An exceptional hardship in the marriage.
Exceptional depravity.
Related cases-
In the case of Amardeep Singh v Harveen Kaur (2017, SCC), the question before the court was if the time period of six months mentioned in Section 13B(2) could be waived off, if there are no possibilities of saving the marriage. The court decided that if the court is satisfied with the circumstances of the case, the statutory period under Section 13B(2) could be waived.
In the case of Sankalp Singh v Prarthana Chandra (2013, SCC Online Del 855), the Delhi High Court observed that in certain cases of unusual hardship or depravity because of the respondent, a petition could be accepted before a time period of one year has passed.
In the case of Rishu Aggarwal v Mohit Goyal [MAT.APP. (F.C.) 110/2021 & CM APPL. 41458/2021], the point of contention was the one-year time period provided in the Section. The issue raised before the court was if a married couple’s refusal to engage in sexual activity due to temperamental differences could be ‘extraordinary’ enough to initiate the divorce proceedings quickly, without waiting for the mandatory one-year time period has been completed.
Conclusion
The Act of 1955 provides for a number of divorce provisions. Fault theory, the concept of divorce by Mutual Consent, and the Irretrievable Breakdown of Marriage are the primary sources of divorce in India. To Ask Free Legal Question or to talk to a lawyer online related to the legal provisions available for divorce law, you may contact us at Lead India. Our legal team, in addition to matters to civil or criminal conflicts also assists parties with the procedure of Court Marriage in Mumbai or Court marriage in Delhi or in any other part of the country as we have trusted list Court Marriage Lawyers In Mumbai and Court Marriage Lawyers In Delhi to assist you in your legal matters of marriage.
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