Aarti Sharma 25 August 2021
Ananya Gosain 25 August 2021
To answer your query i would like to mention application legal provisions. Section 13 of the Hindu Marriage Act describes the circumstances which extend the right of divorce. It specifies the grounds on which a petition for divorce can be filed. These grounds are-
In case of mutual decision to divorce a petition for dissolution of marriage can be presented to the district court by both the parties to the marriage provided that they have been living separately for a period of one year or more.
Section 14 provides that no petition for divorce can be presented within one year of the marriage unless it causes exceptional depravity on the part of the Respondent.
CASE LAW- In Sh. Arvind Kumar V/s Nirmala Bharti, (2011) it was held that the discretion has been given to the court to allow such an application even before the expiry of the period of one year.
A divorce petition can be filed on the ground that the case is of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.
However, if during the trial, the court is of the opinion that the petitioner obtained leave of the court under Section 14 (1) by exercising misrepresentation or concealment of relevant facts then the pronounced divorce, shall not have effect until the expiry of one year from the date of marriage.
Entertaining a petition for divorce before the expiry of one year is an exception and not a rule.
Hope this answers your query
Regards
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