Divorce
girish sharma
(Querist) 07 May 2012
This query is : Resolved
friends what are the grounds to file divorce under section 14 hMact
Shonee Kapoor
(Expert) 07 May 2012
means????
S. 14 defines when the divorce petition can be presented.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
R.K Nanda
(Expert) 07 May 2012
Purely academic query.
Deepak Nair
(Expert) 07 May 2012
Academic query.
Refer to the book.
SAINATH DEVALLA
(Expert) 07 May 2012
Section 14 in The Hindu Marriage Act, 1955
14. 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 a marriage by a decree of divorce, 1[ 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 1[ 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 the 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 1[ 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 1[ 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 1[ 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 1[ said one year}
Rajeev Kumar
(Expert) 13 May 2012
Section 14 HMA deals with when the diorce petition is filed.
