Overview

Marriage was always considered a sacred and ritualistic bond between a man and a woman, people or couples often believe in one life and marriage thing but sometimes relationships don’t actually work as we think. In the new modern era, the survival of a married relationship is difficult to sustain there are many complexities and ups and downs a couple has to face.

 

Struggles faced by married couples

We have always believed in giving a chance or giving some time to adjust in any kind of new relationship. After successful marriage, if the relationship isn't going well, the married couple immediately sought to get separate or to get a divorce, but that's definitely their decision to make.


Despite the fact that our laws are both very stringent and flexible, they offer protection and remedies for every aspect of marital issues. Section 14 of the Hindu Marriage Act places restrictions on newlywed couples, stating that even if they have any marital problems, they are not permitted to file for divorce.

Elaboration of the Hindu Marriage Act, Section14

No divorce petition may be filed within a year of marriage that is.,
 

  • It shall not be entertained by any court  through any petition raised by the couple, keeping in mind that unless the date of filing the divorce petition is elapsed time of one year since the marriage date.
  • It is also mentioned that the application for the divorce petition made on such rules can be allowed to be presented to the court before the one year of the marriage but that may be considered an exceptional case but if the court determines during the petition hearing that the petitioner obtained permission to file the petition through any misrepresentation or concealment of the nature of the case, the court may, if it issues a decree, do so subject to the requirement that it does not take effect until after the [expiration of one year] from the date of the marriage, or it may dismiss the petition without prejudice to any petition that may be brought after the [expiration of the decree].
  • The court shall consider the interests of any children of the marriage and the question of whether there is a reasonable probability that the parties will reconcile before the [expiration of the [said one year]], in deciding any application under this section for leave to present a petition for divorce before the [expiration of one year] from the date of the marriage.

Exception to the Hindu Marriage Act, Section14

There are some exceptional cases that have been made by The Bombay High Court recently, which ruled that, despite a specific prohibition under the Hindu Marriage Act, a spouse may file for divorce within a year of marriage in the event of "exceptional hardship or exceptional depravity."


In this instance, a woman who lived in the city left her husband's house within 45 days of their wedding and requested a divorce ten months later. She got married in April 1998 and filed for divorce in February 1999 at Bandra Family Court.

 

The marriage was dissolved on the grounds of cruelty after the court accepted her claim that she had been subjected to mental torture by her husband and in-laws.


The husband filed an appeal with the high court, where his attorneys Sachindra Shetye and Niranjan Mogre argued that, in accordance with Section 14, the family court could not have considered the plea filed before the end of the year.


though, stated that family courts could consider a divorce request "where the petitioner faces exceptional hardship or exceptional depravity at the hands of the respondent."

 

The judges noted that Section 14 does make exceptions when a spouse experiences exceptional hardship or exceptional depravity, even though they agreed that its purpose is to deter young couples from starting divorce proceedings on frivolous and irresponsible grounds.

 

The judges continued, "The family court shall determine whether there is a prima facie case of exceptional hardship or depravity in light of the circumstances.

How Lead India Can Help You:

  1. Trustworthy & Confidential - We assure you that all your personal details & documents must be kept private. We never share these details with anyone.   
  2. Expert Advice – With the help of the best lawyer you can draft a suit or send legal notice to the other party.
  3. Zero Stress - You do not have to worry about the paperwork & complex process at the court. Our Associate will perform all these actions at the court. 
  4. Top Quality Lawyers - Lead India will help you to choose among the best lawyers you can file a case in the Court against the other party. Lawyers will help in initiating legal action for violation of rights or breach of the agreement or law. There are different associates who work with us, you can choose a lawyer depending upon their practice area, experience & user rating. 
  5. Track Your Case - We provide you the opportunity to track your cases from the online dashboard. You can easily track your case status, payment status, etc.

Need Help?

Get assistance from our support team in finding the right lawyer

FAQs On Hindu Marriage Act

If the parties to the marriage are unable to come to an agreement regarding one or more issues, a divorce petition is a legal remedy. One spouse (the petitioner) draughts the divorce petition, which is then delivered to the other spouse (the respondent).

A married couple may formally end their de facto union while still being legally wed by going through the legal separation process. In the form of a court order, a legal separation is granted.

Judicially separating yourself from your spouse can be done at any time after the wedding, but you can only get a divorce after you've been married for a full year. While divorce permanently ends a marriage, judicial separation offers a temporary reprieve from marital responsibilities and duties.

Marriage-related disputes can include disagreements that are frequently legal in nature. Disputes may involve matters that are personal, familial, cultural or social, religious, legal, or political, as well as specific marriages and the specifics of those marriages.

It is not possible to classify a simple denial of sex by one or both parties as an act of extraordinary depravity. Although it may be "hardship," it cannot be said to be "exceptional hardship" when one or both partners refuse to have sex with each other.

Swati Singh

Was this article helpful?
90 out of 100 found this helpful