Which Cases Under The Hindu Marriage Act Can Be Filed For Divorce Within One Year Of Marriage?
The Hindu Marriage Act allows for divorce on grounds of unhappiness or if the union cannot be upheld. Typically, a divorce petition can only be submitted after one year of marriage. In rare situations, such as when the petitioner is in danger or the respondent is mentally disturbed, a court may nevertheless allow a petition to be submitted earlier than one year from the date it is due. The filing of a divorce petition before the first year of marriage is prohibited by Section 14 of the Hindu Marriage Act, 1955. The notion of a fair trial is established in Section 14, which stipulates that legal requirements that are advisory rather than prescriptive in nature might be regarded as having been complied with if there is sufficient, rather than complete, compliance with those legal provisions. Although 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 th...