Section 14 in hindu marriage act
c. shah...
(Querist) 14 June 2013
This query is : Resolved
A Contested divorce petition u/s.13(1)(ia) was entered before one year completion of marriage. Now, An application has entered by parties for granting order to convert the petition from contested divorce u/s.13(1)(ia) to mutual consent divorce u/s.13b in family court after two years completed of marriage.Now,granting order of court for conversion of petition from sec.13(1)(ia) to sec.13b is still pending.My question is; after applying for converting petition to MCD after two years of marriage,Can Section 14 of the Hindu Marriage Act (No petition for divorce to be presented within one year of marriage) apply by respondent as converting the petition from Sec.13(1)(ia) to Sec.13B is still pending by Court? Note: here, the court had entertained the petition u/s.13(1)(ia) without any leave and exceptional hardship. (In short, earlier petition is applied to convert in MCD but still pending by court)
Nadeem Qureshi
(Expert) 14 June 2013
The court have discretionary power in Section 14 of Hindu marriage act. it's depend on the court
Raj Kumar Makkad
(Expert) 15 June 2013
Section 14 has no application as the conversion of previous petition is being obtained after 2 years of marriage. Even the parties could have withdrawn the earlier petition and would have file filed MCD even then it was legally admissible so there is no illegality in conversion.
