(Guest)

maintainability of divorce petition filed within a month of separation

Is a divorce petition filed in less than a month after leaving the wife at her parents place under some pretext, under HMA section 13(ia), maintainable, irrespective of the grounds of divorce ?
Thanks in advance.
Tarwinder Singh

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Quick Summary

This discussion explores the maintainability of a divorce petition filed less than a year after separation under the Hindu Marriage Act, specifically Section 13(ia). Generally, a divorce petition requires at least one year from the date of marriage and one year of separation. However, exceptional cases of extreme hardship may be considered by the court. The consensus is that the one-year rule applies irrespective of the grounds cited for divorce.

3 Replies

Sravika Reddy Kohir 13 June 2022

Hello Tarwinder Singh, I acknowledge your question. Under section 14 of Hindu Marriage Act divorce petition is maintainable only after one year from the date of marriage. And during separation also at least a year of separation must be there. But in exceptional cases when there is extreme hardship, that shall be brought to the notice of court then such a divorce shall be maintainable in the court of law.

I hope I have answered your query, if you have any further query do drop here.

Have a good day.

(Guest)

thanks for responding Ms. Saravika. My only clarification, is true irrespective of the reasons cited for divorce ? thanks

(Guest)

Thanks Adv. Kunal. But my query regarding requirement of one year separation irrespective of ground of divorce is not directly answered. please respond. Thanks in advance