“Marriages are made in heaven.” It is a very famous saying but now a days the meaning of marriage has been totally changed. Now the couple getting married cannot even tolerate each other more than few months. The heavenly nature of the marriage lasts only for few months or for few days in some cases. According to Hindu Marriage Act, if a person wants divorce then he/she has to wait for atleast 1 year after marriage.
This 1 year clause is put by our judicial system so that people do not make marriage as a game of dolls. Once they do marriage then they break it then again go for it and again break it and so on. If it would not have been the 1 year clause then things would have gone like the same as mentioned above. If we go sec 13 there is condition that there has to be 1 year after marriage then one can file divorce. If we go for sec 13 B then it also has the same clause infact it requires 1 year after separation also.
Court analyses everything between the couple that whether there is any probability of reconciliation between them or not. If there is 1% chance even then court gives the marriage a chance that’s why people don’t get quick divorce. Court believes in joining relationships and therefore there are so many sessions of mediation in court and in women cell.
That’s alright if there is any scope of arbitration between the couple, may be the differences between them get resolved after living separate from each other they realize other’s value in their life. But circumstances exist where one can’t wait for 1 year for divorce and each and every day is a grave punishment for him/her. There are some exceptional cases like these so there are few provisions in Hindu Marriage Act where one can file divorce before 1 year or can make his/her marriage void.
If the marriage has been done by any type of fraud, may be the consent was taken fraudulently, if he/she has given consent by unsound mind, under any force, if the wife was already pregnant at the time of marriage by somebody else, if the marriage has not been consummated because of impotency of any partner, if the partner is of unsound mind and gets mental shocks from time to time then a petition can be filed under sec 12 HMA within 1 year after marriage. After 1 year petition will not be accepted, matrimonial relations should not be made after discovering about the fraud. In this case marriage can be declared null and void if court finds the same.
Sec 14 HMA says that if excessive cruelty has been done to you by this marriage, it may be physical cruelty or mental cruelty then court can allow you to file for divorce under sec 13 HMA before 1 year. But the petition of excessive cruelty is quite tough, the lawyer should be able to prove to court that yes it is actually unbearable cruelty then it might be possible for not to wait for 1 year. It is the discretionary power of court, court analyses each and every thing that whether anything is being hidden from court or not. If the person is telling the truth then he/she need not to worry as he/she will always have something or the other to prove his/her point.