Section 14 of HMA : Section 14: No Petition For Divorce To Be Presented Within One Year Of Marriage

Explanation using Example

Imagine a couple, Aman and Priya, got married on January 1, 2022. In May 2022, Aman discovers that Priya has been unfaithful to him, which causes him exceptional hardship. Aman decides to file for divorce before completing one year of marriage. Under Section 14 of The Hindu Marriage Act, 1955, he cannot directly file for divorce as one year has not elapsed since their marriage.

However, Aman can apply to the court for special permission to file for divorce under the exceptional hardship clause. If Aman provides sufficient evidence of his hardship and convinces the court, the court may allow him to present the divorce petition before completing one year of marriage. If the court later finds out that Aman misrepresented facts to obtain this permission, the court has the power to either impose a condition that the divorce will only take effect after one year of marriage or dismiss his petition altogether.

Additionally, if Aman and Priya have a child from their marriage, the court will also consider the child's interests and the possibility of reconciliation between Aman and Priya before the year is up when deciding whether to grant Aman the leave to file for divorce.