A petition for divorce can be filed by either husband or
wife as per provisions of the Act after one year of from the
date of marriage. No petition of divorce can be filed within
one year of marriage as per Section 14 of the Hindu Marriage
Act 1955. Provisions related to time limit for filing
divorce petition under this Act are.
Section 14- No petition for divorce to be presented
within one year of marriage
Section 14 (1) Notwithstanding anything contained in this
Act, it shall not be competent for any Court to entertain
any petition for dissolution of marriage by a decree of
divorce, 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 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 petitioner obtained leave to present
the petition by any mis-representation 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 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 the
expiration of the said one year upon the same or
substantially the same facts as those alleged in support of
the petition so dismissed.
Section 14 (2) In disposing of 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, 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 said one year.
The Hindu Marriage Act (HMA) 1955
Section 2. Application of the Act
Section 3 and 4 of Hindu Marriage Act 1955
Section 5 Conditions for Hindu Marriage.
Section 6 and 7 of Hindu Marriage Act 1955
Section 8 Registration of Hindu Marriages
Section 9 Restitution of Conjugal Rights
Section 10 Judicial Separation
Section 11 Nullity of Marriage and Divorce- Void Marriages
Section 13A Alternate Relief in Divorce Proceedings
Section 13B Divorce by Mutual Consent
Section 14 No Petition for Divorce to be Presented within one year of Marriage
Section 15 Divorced Person, When may marry again
Section 16 Legitimacy of Children of Void and Voidable Marriages
Section 17 Punishment for Bigamy
Section 18 Punishment for contravention of certain other provisions in the Hindu Marriage Act
Section 19 Court to which Petition shall be presented
Section 20 Contents and Verification of Petitions
Section 21 Application of Act 5 of 1908
Section 21A Power to transfer Petitions in Certain Cases
Section 21B Special Provision relating to trial and disposal of Petitions under the Act
Section 21C Documentary Evidence
Section 22 Proceedings to be recorded and may not be Printed or published
Section 23 Decree of Proceedings
Section 23A Relief for respondent in divorce and other proceedings
Section 24 Maintenance, Pendente lite and Expenses for Proceedings
Section 25 Permanent Alimony and Maintenance
Section 26 Custody of Children
Section 27 Disposal of Property
Section 28 Appeals from Decrees and Orders