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divorce application before one year of marriage


is section 14 of HMA restricting presentation of application for divorce before expiry of one year from the date of marriage is applicable to applications for declaration of marriage null and void ?

 
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Advocate

Dear Dr.Tripathi, I am sure you must be having some reasons in your question and I wish I could lift the veil to know your reasons. But, I must say in all humbleness that we can not say that it is null and void once it is legislated by the competent authority. Yes, the tragedy of Hindu Laws is that one year period has to be elapsed before the petition is filed. Back in our college days we used to say that burden of waiting for one year ehether you like it or not. Infact it is like carrying the ewight of the world when you find your spouse not compitable at all but you have to wait for one solid year before you tender your application for divorce. I think the Law commission has to look at this provisions afreash. Why should the law manucled any spouse for one year?

 
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Dear sir!

In my opinion there is no waiting period where marriage itself is void. words used in s 14 are "petition for divorce" therefore it is to be applied in cases of petitions under s 13, and 13-B. Petition for declaration of marriage being void is absolutely at a diferent footing. Ss 11 and 12 which deals with nullity of mrriages do not prescribe such waiting period. I want to confirm my view  and/or  the legal position to be clarified.

 
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Advocate

yes, I agree with the views that if the marriage is void abinitio there is no need for the waiting period and the court may grant leave to present petition or divorce, subject to exceptional hardships as envisaged in the provisio of the section. In this regard we may also refer to section 12 of the HMA, which speak about within one year.


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Advocate

Dr Tripathi and Assumi , you two are real legal lumunaries  and always give good and fittest answer to the question. However  I agree with Dr.Tripathi  and there is no chance for disagree. Thanks a lot for both of you.


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so far viodable marriages are concerned, s 12 is clear accordig to which petition is to be braught within one year..... But doubt remeins regarding void marriages for which s 11 provides for a petition for decree of nullity but does not prescribe any minimum or maximum period for presentation of petition.

 
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advocate

Dear Tripathi ji,If in law there is no specefic period is provided for presentation of a petition , one can present it at any time. When we talk about nullity of marriage petition can be moved at any time.

 
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Thank you sarin ji ! now doubt appears to have been removed. let us see if there is some  judicial pronouncement on this point.

 
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Legal Consultant / Solicitor

 No time frame mentioned for apllication to declare the marriage null and void. The Act gives only fixed period for filing the application for divorce..


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