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After How Many Years Of Marriage We Can Not Apply For Divorce

  • Writer: Lead India
    Lead India
  • Jul 12, 2023
  • 3 min read

The concept of a fair trial is defined in Section 14, which states that advisory rather than prescriptive legal requirements may be deemed to have been followed provided there is a sufficient, rather than comprehensive, level of adherence to those legal standards. Though Section 14(1) of the Hindu Marriage Act contains a non-obstante clause at the beginning (a non-obstante clause is added to a provision to support its enforceability over another provision that conflicts with it), the provision to that subsection changes the nature of the law's provision so that it is "directory" rather than "mandatory."

According to this Section, a court cannot consider a divorce petition before the couple has been together for a year. The Marriage Laws (Amendment) Act, 1976, decreased the waiting period from three years from the date of marriage to one year. Before that Act, no court could take a divorce petition into consideration.

According to the Section, the court may take a petition into consideration even before a year has passed in circumstances where the petitioner has experienced exceptional hardship or the respondent has demonstrated great depravity. The court has the option to dismiss the primary petition or delay the implementation of the decree for a year from the date of marriage if it is determined that the leave was obtained via misrepresentation or the concealment of information.

Maximum time period for filing for divorce:

When a couple files for divorce in India, there are no set deadlines or restrictions. Depending on the specific religious or personal rules that apply to the spouse, the Indian legal system permits divorce on a variety of grounds that are outlined in the Hindu Marriage Act of 1955, the Special Marriage Act of 1954, and the Divorce Act of 1869.

In India, among other things, adultery, abuse, abandonment, conversion to a different faith, mental illnesses, terminal diseases, and irretrievable dissolution of the marriage are grounds for divorce. For the purpose of filing a divorce petition under these grounds, there is normally no requirement for a certain number of years of marriage.

Each marriage should have a fair chance to succeed thanks to the guidelines laid out in this Section. The court cannot consider a petition for a decree of divorce based on any of the grounds listed in Section 13 for divorce until the one-year time provided by this Section has passed, according to the general norm established in Section 14(1). The court would not have the authority to consider any such petition before the statutory deadline had passed, with the exception of unusual circumstances covered under the proviso.

No petition for divorce may be filed with the court, according to Section 14(1), unless one year has passed since the wedding. Derrett asserts that "this one-year span is fictitious. Given that enmity within the first year of marriage in Indian culture is typically brought on by "in-law" and dowry manipulation rather than other issues, it is grossly insufficient. Without a doubt, the "in-law" issue will be settled in due course, particularly at first. It is countered, however, that the one-year embargo only gives the aggrieved spouse one year to apply for divorce rather than making divorce possible after that point.

The restrictions found in SeDelhi, 14 of the Hindu Marriage Act, are most likely there to stop parties from taking legal action before they have made a sincere attempt to salvage their marriage. Because marriage is the cornerstone of civil society, the laws governing how marriage contracts are formed and, if necessary, dissolved are among the sections of a country's laws and constitution that are most essential to its residents. This is why it is founded on public policy.

If the petition is filed in Delhi, then divorce lawyers in Delhi may be appointed, or family lawyers in Delhi may also be appointed. If the petition is filed in Ghaziabad, then divorce lawyers in Ghaziabad may be hired.

To address the issue, Lead India provides information, legal services, and free legal advice online. To get the best guidance in this circumstance, ask a legal question online and talk to a lawyer.


Call Us: +91–8800788535

Email: care@leadindia.law


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