I am surprised how the learned friends are saying that under Sec 14 of HMA a person can file a divorce before one year of the marriage where as the section clearly says " NO PETITION FOR DIVORCE TO BE PRESENTED WITHIN ONE YEAR OF MARRIAGE" Sec 14 of the Hindu Marriage Act 1955.
There is no s*x denial ground in the exceptions to file a divorce even after a year if the parties are of sound health though it can be a kind of cruelty taken to and by the other party of the marriage. As main objective of marriage is affected by this.
However you can apply Divorce within one year of the marriage in only extreme conditions where the circumstances do not allow both the parties to live together nay how, this can only be accepted in the Supreme Court with a special leave petition showing the cause of the concern which make bound the couple not to live along.
OR you can take the divorce before one year of the marriage when a special resolution is passed by the both houses of the Parliament in favour and they think that in no circumstances both the parties can live together thus a divorce be granted to them for sake of justice.
It is a hypothesis and cannot be made true.
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With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court of India