---
title: "When can the Divorce Petition be filed?"  
description: "When can the Divorce Petition be filed?"  
author: "Lily Chitlangiya"  
published: 2021-12-06  
canonical: https://answers.mindstick.com/qa/94262/when-can-the-divorce-petition-be-filed  
category: "law & legal issues"  
tags: ["laws", "laws and legal issues"]  
reading_time: 3 minutes  

---

# When can the Divorce Petition be filed?

When can the Divorce Petition be filed?

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## Answers

### Answer by Sanjay Goenka

The **divorce petition**, either by the **husband** or the **wife** can be **filed after one year from the date of the marriage** as per the provision of the act. \
![When can the Divorce Petition be filed?](https://answers.mindstick.com/questionanswer/bfc3e666-3da6-4f05-98e1-ea39c77445b8/images/bf8b4c86-d4d1-47df-af40-232f982c2748.jpeg)\
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**Overview** **The Hindu Marriage Act 1955,** deals with the **law of the Marriages of Hindus** and the Divorce of the Marriage relations. **Section 14** of the Act **speaks about the time limit of filing the divorce petition** before the Court or any Magistrate. Where it is clearly mentioned that **no petition before one year from the date of marriage** will be entertained in any of the courts. \
**Section 14 of the Hindu Marriage Act** The heading line of the section clearly states that “**No petition for divorce to be presented within one year of marriage'.** This line is sufficient to the question but, it has further explained the heading line in **two subsections** of section 14 of the Hindu Marriage Act 1955- \
![When can the Divorce Petition be filed?](https://answers.mindstick.com/questionanswer/bfc3e666-3da6-4f05-98e1-ea39c77445b8/images/3d4caf47-86d1-4b8c-a99c-c465ae1f74e1.jpeg)\
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**Subsection 1** of this section is further explaining section 14 and states that no petition for the divorce decree will be entertained in any of the courts related to marriage. And also saying that nothing in this act that contains will be excluded within the act. But, in **some of the exceptional cases**, **[High Court](https://answers.mindstick.com/qa/39401/the-high-court-which-has-the-distinction-of-having-the-first-woman-chief-justice-is) has the provision to deal with the matter even before the passing of one year of Marriage**. The exceptional situation also has been clarified by the act and said in the matter of **exceptional hardship** for the petition and **exceptional depravity** on the part of the respondent. The section also mentioned that at **any point of trial**, the petitioner obtained leave to present the petition **by any misrepresentation** and by the **concealment of the nature of the case.** The Court may if the decree of the divorce has been provided shall not have the effect after the passing of one year or the marriage date or also **can dismiss the petition in case of trial.** \
**Subsection 2** of section 14 states that the **Court at the time of entertaining** such petition (before one year of marriage) will **look into the aspect of having the children** or not. And the **court will judge the aspect of the reconciliation view**, that it was possible or not in between both the persons to **settle the matter and wait for 1 year to pass.** Read more [Divorce in Muslim law](https://answers.mindstick.com/qa/94230/who-was-the-person-to-speak-against-the-muslim-woman-protection-of-rights-on-divorce-bill-in-the-lok-sabha-but-voted-for-it)


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Original Source: https://answers.mindstick.com/qa/94262/when-can-the-divorce-petition-be-filed

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