As per Section 14 of the Hindu Marriage Act, a divorce petition cannot be filed before elapsing of one year from the date of marriage. In your case, this rule will come in play.
However, Section 14 further provides that if the High Court has made rules in that behalf for presentation of divorce petition before one year period is over, then in exceptional cases a divorce petition may be allowed to be presented in accordance with such rules made by the High Court, on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent.
So, you will have to check from your state whether the high court in your area has made any such rules. And, even in such a case, you’ll have to show that it is a case of exceptional hardship to you, etc., if you want to file the divorce petition within one year of marriage.
Another option before you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, which is basically for uniting the couple when one partner has deserted without any reasonable excuse.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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