how many years bar to file divorce under indian divorce act


 how many years are bar to file a divorce petition under the divorce act 

 
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generally one year as per section 14 of Hindu Marriage Act, but court can grant leave to present petition before 1 year, under circumstances meintioned u/s 14.

 
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Originally posted by :RAHUL MISTRY
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preavious answer is about HINDU MARRIAGE ACT so please ignore that,

 for divorce by mutual consent section 10 A  of  INDIAN DIVORCE ACT-1869( amendement act 2001) provides provision of limitation.

"
 
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Originally posted by :RAHUL MISTRY
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Advocate

14. No petition for divorce to be presented within one year of marriage

    (1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage:

    PROVIDED that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 1[before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after 1[expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

    (2) In disposing of any application under this section for leave to present a petition for divorce before the 1[expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 1[said one year].


 
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Practicing Advocate

Generally divorce petition cannot be presented within one year from the date of marriage. But in exceptional cases, if it is shown that great hardship will be caused to the petitioner if the petition is not admitted then the court may in its descretion admit the petition.

 
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 MANURAJ IS ASKING ABOUT LIMITATION UNDER INDIAN DIVORCE ACT WHICH IS APPLICABLE TO CHRISTIAN AND AS PER NEW AMENDEMENT ACT 2001 THE NEW SECTION 10-A WAS INSERTED TO GET DIVORCE BY MUTUAL CONSENT AND PRIOR TO AMENDEMENT THERE WAS NO PROVISION AVAILABLE UNDER ACT TO GET DIVORCE BY MUTUAL CONSENT.

 
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 rahul i inquired about divorce act , not hma

 
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 suchithra i inquired about divorce act , not hma

 
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 i need answer related divorce by either party against her/his spouse . not mutual consent . i thought indian divorce act 2 year bar to file divorce 

 
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