Section 14 HMA: No petition for divorce to be presented within one year of marriage
Hindu Marriage Act, 1955
Section 14 HMA at a Glance
Section 14 HMA bars any court from entertaining a divorce petition until 1 year has passed from the marriage date. A court may allow an earlier petition on an application showing exceptional hardship or exceptional depravity.
Section 14 HMA Bare Act Text
14. No petition for divorce to be presented within one year of marriage.
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a 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 the petitioner obtained leave to present the petition by any misrepresentation 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 expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(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.
Amendments to this section
- Subs. by Act 68 of 1976, s. 9, for certain words (w.e.f. 27-5-1976).
- Subs. by s. 9, ibid., for "before three years have elapsed" (w.e.f. 27-5-1976).
- Subs. by s. 9, ibid., for "expiry of three years" (w.e.f. 27-5-1976).
- Subs. by s. 9, ibid., for "expiration of the said three year" (w.e.f. 27-5-1976).
- Subs. by s. 9, ibid., for "expiration of three years" (w.e.f. 27-5-1976).
- Subs. by s. 9, ibid., for "said three years" (w.e.f. 27-5-1976).
Section 14 HMA in Simple Words
Section 14 HMA sets a waiting period of 1 year from the date of marriage before either spouse can present a divorce petition in court. Under Section 14(1) HMA, despite anything else in the Act, including the divorce grounds in Section 13 HMA, no court is competent to entertain a petition for dissolution of marriage by a decree of divorce unless 1 year has elapsed since the marriage date when the petition is presented.
The proviso to Section 14(1) HMA creates a narrow exception. Upon an application made in line with any rules framed by the High Court for that purpose, the court may grant leave to present a divorce petition before 1 year has elapsed. The court may grant this permission on two grounds: exceptional hardship to the petitioner, or exceptional depravity on the part of the respondent.
The proviso to Section 14(1) HMA also deals with cases where, at the hearing of the divorce petition, the court finds that the petitioner obtained early leave through misrepresentation or concealment of the nature of the case. In that situation, if the court pronounces a divorce decree, the court may order that the decree will not take effect until after 1 year from the date of the marriage expires. Instead of pronouncing a conditional decree, the court may dismiss the petition without blocking a fresh petition filed after 1 year expires on the same or substantially the same facts.
Under Section 14(2) HMA, when deciding an application for leave to file a divorce petition before 1 year from the marriage expires, the court must consider two factors: the interests of any children of the marriage, and whether there is a reasonable probability of reconciliation between the spouses before 1 year from the marriage expires. Section 14 HMA was amended by Act 68 of 1976 with effect from 27 May 1976.
When Section 14 HMA Applies
- At least 1 year must have elapsed since the date of the marriage on the date the divorce petition is presented.
- To file before 1 year expires, the petitioner must apply for court leave in accordance with rules made by the High Court.
- Early leave requires showing exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.
- When deciding an early leave application, the court must consider the interests of any children of the marriage and any reasonable probability of reconciliation within 1 year.
- If early leave was obtained by misrepresentation or concealment of the nature of the case, the court may delay the decree until 1 year from the marriage expires or dismiss the petition with liberty to file again after 1 year.
Example of Section 14 HMA
When Section 14 HMA Does Not Apply
- Where at least 1 year has already elapsed since the date of the marriage on the date the divorce petition is presented.
- Where the court, on an application made under High Court rules, grants leave to present the petition before 1 year has elapsed on the ground of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.
FAQs on Section 14 HMA
What is Section 14 HMA?▼
Section 14 HMA bars any court from entertaining a divorce petition unless 1 year has elapsed since the date of the marriage. The proviso to Section 14(1) HMA allows a court to permit an earlier petition only on an application showing exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.
Can a spouse file a divorce petition before 1 year of marriage under Section 14 HMA?▼
Only with leave of the court. Under the proviso to Section 14(1) HMA, a court may allow a petition before 1 year has elapsed if an application made under High Court rules shows exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.
What must the court consider when deciding an application for early divorce leave under Section 14(2) HMA?▼
Children's interests and reconciliation chances. Under Section 14(2) HMA, the court must consider the interests of any children of the marriage and whether there is a reasonable probability of reconciliation between the parties before 1 year from the marriage expires.
What happens under Section 14(1) HMA if early leave was obtained by misrepresentation or concealment?▼
The court may postpone the effect of the decree or dismiss the petition. At the hearing of the petition, the court may pronounce a divorce decree subject to the condition that the decree will not take effect until 1 year from the marriage expires, or the court may dismiss the petition. Dismissal does not bar a fresh petition after 1 year expires on the same or substantially the same facts.
Does dismissal for misrepresentation under Section 14(1) HMA permanently bar a divorce petition on the same facts?▼
No. Under the proviso to Section 14(1) HMA, the dismissal is without prejudice to any divorce petition brought after 1 year from the marriage expires on the same or substantially the same facts.
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Sources: Bare Act Text, Hindu Marriage Act, 1955 ·