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Report No. 71

7.4. Provision in the Hindu Marriage Act.-

The Hindu Marriage Act has a limited provision as to the restriction on the grant1 of divorce in the interests of children. Under section 14(1), 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 he 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.

Section 14(2) provides-

"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. /I

1. Section 14, Hindu Marriage Act, 1955.

The Hindu Marriage Act, 1955 - Irretrievable breakdown of Marriage as a Ground of Divorce Back

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