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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


 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.

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

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

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