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Briefly explain practically, the section 14 with respect to divorce/separation
3 years ago
If a husbd is livng separately frm wife for 6 months, can he use the section 14 to get legal separation from wife, by proving that he was living separately from her? ( no court process has been done till now. Wife had filed DV 5-6 yrs ago, but nothing has been done till now except calling of husbnd by court. After that, it has become inactive)
pls explain the section 14 with respect to such a case, and how can it be applicable to such situation?
Ankur Goel @ Complete Law Shield
Responded 3 years ago
A.How section 14 comes here if marriage happened minimum 5-6 years ago.
did you mean sec 14 of which act ?
she is not living separately since she filed DV ?
if yes then you can file divorce under sec 13.
did you mean sec 14 of which act ?
she is not living separately since she filed DV ?
if yes then you can file divorce under sec 13.
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A.Section 14 of Hindu Marriage Act, 1955 has been judicially interpreted to have only substantial compliance and not mandatory compliance. Since this section provides right to either of the spouse to file an application for divorce before the lapse of one year period. This is particularly important and necessary in special cases hence the parties are required to establish a case that they lived through circumstances which were exceptionally deprave and were caused due to the action of other party. Filing a case under Domestic Violence Act and living separately for 6 months will be accepted by the Courts since the situation here is not in any way frivolous and reconciliation is difficult in this situation.
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Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Section 14 of the Hindu Marriage Act, 1955 gives a right to either a spouse to file an application for divorce before the lapse of one year period. However, the party filing for divorce will have to establish a case that they have had to suffer and still continue to suffer exceptional depravity on part of the opposite party. You have mentioned that there was a case filed against you under the Domestic Violence Act and you have been living separately for 6 months, thus in such a case, it is likely that your application will be accepted by the Courts. HC has on various instances has specified that there is no rigid and mandatory compliance with this provision on every occasion.
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