The Law about Divorce
within a year of Marriage.
Whenever we are in a
relationship where it becomes unbearable to carry forward the relationship of
marriage and the major hurdle is 1 year wait time as per Hindu marriage Act, one
finds himself/herself in great trouble to live the life of utter problem and
hardship. so is there any provision which allows a married couple to get
divorce within a year of marriage? Many of the time we come across a situation
when the couple decide to get separate within couple of days or say months to
get into Divorce. so comes sec 14 H.M.A to the relief.
There are landmark judgments pronounced by many
Court which allowed the petitioner to get Divorce within a year of Marriage. We
will discuss a few Judgment to have an insight of the Law.
No petition for divorce to be presented within one year of marriage- Sec
14 H.M.A
Smt. Priyanka Maity (Ghosh) v/s Shri
Sabyasachi Maity -14 may 2012
AIR 1982 Cal 547
(Smritikana Bag v. Dilip Kumar Bag .)
wherein the Hon'ble
Court while dealing with the provision laid down under Section 14(a) of Hindu Marriage Act,
1955 specifically held in paragraph 5 of the said judgment that
inability to entertain a petition for divorce within 1(one) year of marriage means
not inability to grant relief to the plaintiff but inability to give him a
trial at all. This observation of the High Court has been fortified with
decision of Calcutta High Court reported in AIR 1945 (Cal) 381 (Nakul Chandra
v. Shyamapada Ghose). The intention of the legislature in providing such
limitation in filing of matrimonial suit is grounded on public policy and it
provides restriction upon hasty recourse to legal proceedings without making
any real effort to save the marriage. This principle of law has been
enunciated in the decision reported in AIR 1967 Madras 423 (Meganatha Nayagar
v. Shrimathi Shusheela).
KULWINDER KAUR vs. SURINDER
SINGH Punjab & Haryana High Court
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 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
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 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.
So it is evident from the
above that a divorce before the expiry of one year of marriage is possible also
the court has held that the 1 year period is not mandatory but discretionary on
the court .there are certain requirement to file a divorce petition as a leave
to apply is mandatory and also the decree will be enforceable only after the
lapse of one year of marriage.
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