Section 14 Hindu Marriage Act 1955 – No petition for divorce to be presented within one year of marriage
By Vkeel Team
Description
“Section 14 Hindu Marriage Act 1955”
(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 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 2[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 3[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 4[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 5[said one year].
Section 14 Hindu Marriage Act 1955 : Why No Petition for Divorce Should Be Presented Within One Year of Marriage
Section 14 Hindu Marriage Act 1955 is an important provision that governs the dissolution of a marriage. It states that no petition for divorce should be presented within one year of marriage. This provision is significant for several reasons.
First, it allows couples to take time to adjust to married life and to work on any issues that may arise. This period of adjustment is important for couples to build a strong foundation for their marriage. It also gives couples the opportunity to seek counseling or other forms of help if needed.
Second, the provision helps to protect couples from making hasty decisions. Divorce is a difficult and emotionally charged process, and it is important that couples take the time to consider all of their options before making a final decision. The one-year period allows couples to think through their decision and to make sure that it is the right one for them.
Third, the provision helps to protect the interests of any children involved. If a couple divorces within one year of marriage, it can be difficult for the children to adjust to the changes. The one-year period gives the children time to adjust to the new family dynamics and to develop a strong bond with both parents.
Finally, the provision helps to protect the interests of society. Divorce can have a negative impact on society, and it is important that couples take the time to consider all of their options before making a final decision. The one-year period helps to ensure that couples are making an informed decision and that they are not making a rash decision that could have a negative impact on society.
In conclusion, Section 14 Hindu Marriage Act 1955 is an important provision that helps to protect the interests of couples, children, and society. It is important that couples take the time to consider all of their options before making a final decision, and the one-year period helps to ensure that they are making an informed decision.
1. Subs. by Act 68 of 1976, s. 9, for certain words (w.e.f. 27-5-1976).
2. Subs. by Act 68 of 1976, s. 9, for “expiry of three years” (w.e.f. 27-5-1976).
3. Subs. by Act 68 of 1976, s. 9, for “expiration of the said one year” (w.e.f. 27-5-1976).
4. Subs. by Act 68 of 1976, s. 9, for “expiry of three years” (w.e.f. 27-5-1976).
5. Subs. by Act 68 of 1976, s. 9, for “said three years” (w.e.f. 27-5-1976).
Description Source: indiacode
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