Marriage is very different from what we think of it today. Every time there is a dispute between the couples, they begin to consider divorcing. In order to prevent hurriedly made mistakes and bad judgments, Section 14 of the Hindu Marriage Act of 1955 was enacted, which specifies that no divorce can be filed within a year following marriage.
A divorce petition can often only be submitted after one year of marriage. A court may, however, permit a petition to be filed earlier than one year in some circumstances, such as when the petitioner is hurt or the respondent is mentally ill.
The first year of marriage must pass before a divorce petition can be filed, according to Section 14 of the Hindu Marriage Act, 1955. It creates an opportunity for reconsideration and reconciliation among the couples.
The purpose of Section 14 of the Hindu Marriage Act
A divorce petition cannot be submitted within the first year of marriage, as per Section 14. Consequently, it could be said that the law gave people a year to solve problems, categorize them, understand them, and communicate with one another.
No court can consider a divorce petition until a year has elapsed. The Court may allow the divorce petition to be presented after receiving an application in accordance with the rules of the High Court in cases of extreme hardship for the petitioner or substantial depravity on the respondent's side.
If the court determines after hearing the petition that there has been a misrepresentation of the facts or concealment of the nature of the case, it may decide to dismiss the divorce petition without prejudice.
Section 14 of the Hindu Marriage Act: Is it a directory or mandatory?
The Section 14 requirement that a year pass between the date of marriage and the filing of a divorce petition is just a recommendation and not a legal necessity. Reconsideration and reconciliation are made possible by Section 14.
It recognizes that temperamental issues can be resolved with time and shouldn't be a reason to dissolve a marriage. Couples are encouraged to settle down and re-evaluate their marriage in an attempt to save it within the required one-year interval specified by the Section.
In the case of Sankalp Singh v. Prarthana Chandra (2013), the High Court of Delhi declared that in certain instances of extreme hardship or depravity on the side of the respondent, the court may allow a divorce petition to be filed before one year of the marriage, which is a directory in nature.
Section 14 of the Hindu Marriage Act: Exceptions
The Madras High Court said that some general English law concepts can be used as a reference to determine what might be termed extraordinary hardship or depravity-
The answer depends on how the word "exceptional" is used. This requires looking into the purported extent of hardship or depravity.
It is possible to classify adultery committed by one of the partners in marriage as regular depravity. The innocent spouse may not be put through an especially difficult situation.
A spouse may be deemed especially depraved if he commits adultery shortly after getting married or does it indiscriminately with several women, his wife's sister, or a servant.
Whenever adultery occurs along with other marital offenses, such as when a husband commits adultery while also abandoning or abusing his wife, the wife will experience exceptional hardship.
Recent Judicial Rulings
The Delhi High Court noted that a simple incompatibility of marriage or one with irreconcilable differences resulting from temporal or behavioral differences would not, in and of itself, result in the causing of exceptional depravity by either party to the other in the case of Rishu Aggarwal v. Mohit Goyal (2022).
There is little question that denying sex to one spouse, or both of them, will cause "hardship," but Section 14 does not consider this an "exceptional hardship."
You will need the help of a lawyer to know more details regarding Section 14 of the Hindu Marriage Act. If you want to know about the divorce process in Delhi with respect to Section 14 of the Hindu Marriage Act.
Then a Divorce lawyer in Delhi can be hired. Similarly, a Divorce lawyer in Pune can be hired if you want to know about the divorce process in Delhi with respect to Section 14 of the Hindu Marriage Act.
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