i got married in feb 2018 and i and my husband got seperated in 2 months now i want legal divorce
Posted on 13-Jul-18
Advocate Adv Jacob
Answered on 18-Jul-18
S. 14 (1) of the Hindu Marriage Act, the one year period of separation can be waived in hard and exceptional circumstances
extreme hardship which has to be pleaded specifically
A divorce petition can be filed even within a week after marriage if there is extreme hardship which has to be pleaded specifically. In the absence of extreme hardship a petition for divorce is not maintainable before a year from marriage. What constitutes extreme hardship depends upon the peculiar facts and circumstances of the case.
As per S. 13 B of Hindu Marriage Act one year period of separation from the date of marriage is required for seeking divorce by mutual consent and not one year from the date of marriage. Whereas as per S. 14 (1) of the Hindu Marriage Act, the one year period of separation can be waived in hard and exceptional circumstances
S. 14 in The Hindu Marriage Act, 1955
”14. No petition for divorce to be presented within one year of marriage.
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