Answer:
Under Section 14 of the Hindu Marriage Act, 1955, a divorce petition cannot be presented before completion of one year of marriage.
The Section reads that the court ordinarily shall not entertain an application for the dissolution of marriage by a decree of divorce until one year has elapsed from the date of marriage.
Petition for Divorce before one year of marriage with Exceptions
The above provision is subject to certain limited exceptions. The court may allow the petitioner to present a divorce petition before completion of one year where the petitioner proves that due to exceptional hardship the petitioner is unable to live with the other party. The other party must also have shown exceptional depravity to warrant divorce.
Petition cannot be presented merely by leave of court. Permission to file the petition before the court is not automatic. The court looks into the facts and supporting material, considers the interests of children if any, and whether there is a reasonable chance for reconciliation before the expiry of one year.
Ordinary marital differences, incompatibility or even a brief period of separation may not be sufficient to seek divorce before one year. The matrimonial circumstances would need to be grave to attract the exception of the statute.
Mutual Consent Divorce
Couples seeking mutual consent divorce should note that Section 13B has specific provisions about conditions for divorce by mutual consent. Facts and timing of marriage and separation are different for divorce by mutual consent, so parties should review their facts and timing before taking legal steps.
Advocate BK Singh – Matrimonial Problems within One Year of Marriage in Delhi/NCR
If your matrimonial problems are serious and within one year of marriage in Delhi/NCR, Advocate BK Singh can be a good choice of a lawyer. An initial review of the facts can tell whether the grounds support an application for leave to file early. Evidence of claims and legal advice about divorce, judicial separation, maintenance, domestic violence, child custody or settlement are all areas which can be addressed.
Advocate BK Singh can be consulted in advance to prevent hasty filing of the petition and identify the most suitable legal remedy.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
