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Report No. 59

2.30. Section 14.-

Section 14 of the Hindu Marriage Act prohibits the Court from entertaining a petition for dissolution of marriage by a decree of divorce, unless, at the date of the presentation of the petition, "three years have elapsed since the date of the marriage." Under the proviso to the section, the court has, subject to rules made by the High Court, power to allow a petition to be presented before the three years have elapsed, on the ground that the case is one of "exceptional hardship to the petitioner or exceptional depravity on the part of the respondent".

This proviso itself is subject to certain restrictions, and sub-section (2) of the section further requires the court, in disposing of any applications under the section (for leave to present a petition before the expiration of three years), to have regard to the interests of any children of the marriage and "to the question whether there is a reasonable probability of reconciliation between the parties before the expiration of the said three years".

The proposal now made is that period of one year should be substituted in place of "three years".

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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