(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, 1[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 the 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.
THE HINDU MARRIAGE ACT, 1955; ACT NO. 25 OF 1955 - An Act to amend and codify the law relating to marriage among Hindus.
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- 1. Short title and extent.
- 2. Application of Act.
- 3. Definitions.
- 4. Oveirriding effect of Act. Save as otherwise ex...
- HINDU MARRIAGES : Sec 5.
- 6. Guardianship in marriage.
- 7. Ceremonies for a Hindu marriage.
- 8. Registration of Hindu marriages.
- RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARA...
- 9. Restitution of conjugal right.
- 10. Judicial separation.
- NULLITY OF MARRIAGE AND DIVORCE
- 11. Void marriages.
- 12. Voidable marriages.
- 13. Divorce.
- 13 (1A)
- 13 (2) A wife may also present a petition for the ...
- 13A. Alternate relief in divorce proceedings.
- 13B. Divorce by mutual consent.
- 14. No petition for divorce to be presented within...
- 15. Divorced persons when may marry again.
- 16. Legitimacy of children of void and voidable ma...
- 17. Punishment of bigamy.
- 18. Punishment for contravention of certain other ...
- JURISDICTION AND PROCEDURE
- 19.Court to which petition shall be presented.
- 20. Contents and verification of petitions.
- 21. Application of Act 5 of 1908.
- 21B. Special provision relating to trial and dispo...
- 21C. Documentary evidence.
- 22. Proceedings to be in camera and may not be pri...
- 23. Decree in proceedings.
- 23A. Relief for respondent in divorce and other pr...
- 23A. Relief for respondent in divorce and other pr...
- 24. Maintenance Pendente lite and expenses proceed...
- 25. Permanent alimony and maintenance.
- 26.Custody of children.
- 27. Disposal of property.
- 28. Appeals from decrees and orders.
- 28A. Enforcement of decrees and orders.
- THE HINDU MARRIAGE ACT (Sections & Subject Heading)
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