Time limits in a divorce and family matter

Each period below is counted from a date particular to the matter, so no date is stated in this guide. This sets out which provision fixes each period, how long it runs, and the event it is counted from.

Mutual consent divorce — six-month cooling-off period (Hindu Marriage Act, 1955)

Section 13B(2) of the Hindu Marriage Act 1955 places a six-month gap between the first and the second motion in a mutual consent petition. The Supreme Court held in Amardeep Singh v Harveen Kaur (2017) 8 SCC 746 that this period is directory and waivable.

Counted from: On what date was the joint petition presented?

Mutual consent divorce — eighteen-month outer limit (Hindu Marriage Act, 1955)

Section 13B(2) of the Hindu Marriage Act 1955 requires the second motion to be moved not later than eighteen months from the date the joint petition was presented. Past that point the petition ordinarily lapses.

Counted from: On what date was the joint petition presented?

Mutual consent divorce — six-month cooling-off period (Divorce Act, 1869)

Section 10A(2) of the Divorce Act 1869 places a six-month gap between the first and the second motion in a mutual consent petition.

Counted from: On what date was the joint petition presented?

Mutual consent divorce — eighteen-month outer limit (Divorce Act, 1869)

Section 10A(2) of the Divorce Act 1869 requires the second motion to be moved not later than eighteen months from the date the joint petition was presented. Past that point the petition ordinarily lapses.

Counted from: On what date was the joint petition presented?

Mutual consent divorce — six-month cooling-off period (Special Marriage Act, 1954)

Section 28(2) of the Special Marriage Act 1954 places a six-month gap between the first and the second motion in a mutual consent petition.

Counted from: On what date was the joint petition presented?

Mutual consent divorce — eighteen-month outer limit (Special Marriage Act, 1954)

Section 28(2) of the Special Marriage Act 1954 requires the second motion to be moved not later than eighteen months from the date the joint petition was presented. Past that point the petition ordinarily lapses.

Counted from: On what date was the joint petition presented?

No petition in the first year of the marriage (Hindu Marriage Act, 1955)

Section 14 of the Hindu Marriage Act 1955 provides that a petition for divorce within one year of the marriage is not competent, and that the court may allow one to be presented earlier only on the ground of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent. A proceeding for maintenance, or one under the Protection of Women from Domestic Violence Act 2005, is not subject to this bar.

Counted from: On what date was the marriage solemnised?

No petition in the first year of the marriage (Special Marriage Act, 1954)

Section 29(1) of the Special Marriage Act 1954 provides that a petition for divorce within one year of the marriage is not competent, and that the court may allow one to be presented earlier only on the ground of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent. A proceeding for maintenance, or one under the Protection of Women from Domestic Violence Act 2005, is not subject to this bar.

Counted from: On what date was the marriage solemnised?

Desertion as a ground — the two-year period (Hindu Marriage Act, 1955)

Section 13(1)(ib) of the Hindu Marriage Act 1955 provides desertion as a ground for divorce where it has continued for two years or more immediately preceding the presentation of the petition. That period has to be continuous, and it has to be the two years immediately before the petition is presented.

Counted from: On what date did you start living apart?

Desertion as a ground — the two-year period (Special Marriage Act, 1954)

Section 27(1)(b) of the Special Marriage Act 1954 provides desertion as a ground for divorce where it has continued for two years or more immediately preceding the presentation of the petition. That period has to be continuous, and it has to be the two years immediately before the petition is presented.

Counted from: On what date did you start living apart?

Desertion as a ground — the two-year period (Divorce Act, 1869)

Section 10(1)(ix) of the Divorce Act 1869 provides desertion as a ground for divorce where it has continued for two years or more immediately preceding the presentation of the petition. That period has to be continuous, and it has to be the two years immediately before the petition is presented.

Counted from: On what date did you start living apart?

Whether a period has begun, and when it ends

Each period above runs from an event, and the date of that event is a fact about one matter rather than something this guide can state. Whether a period has begun, whether it has ended, and whether anything stops or extends it are questions an advocate answers on the papers in a particular case.

The documents these periods attach to

  • Petition for divorce by mutual consent under the Hindu Marriage Act, 1955 — The decree is passed on a motion by both parties made inside the window the section fixes after the petition is presented, if the petition has not been withdrawn in the meantime.
  • Petition for divorce under the Hindu Marriage Act, 1955 — No court entertains a petition for divorce presented before the period the section fixes has passed since the marriage, unless leave is given on the grounds the section names.
  • Petition for divorce under the Hindu Marriage Act, 1955 — Where desertion is the ground, it must have continued for the period the clause states immediately before the petition is presented.
  • Petition for divorce by mutual consent under the Divorce Act, 1869 — The decree is passed on a motion by both parties made inside the window the section fixes after the petition is presented, if the petition has not been withdrawn in the meantime.
  • Petition for divorce under the Divorce Act, 1869 — Where desertion is the ground, it must have continued for the period the clause states immediately before the petition is presented.
  • Petition for divorce by mutual consent under the Special Marriage Act, 1954 — The decree is passed on a motion by both parties made inside the window the section fixes after the petition is presented, if the petition has not been withdrawn in the meantime.
  • Petition for divorce under the Special Marriage Act, 1954 — No court entertains a petition for divorce presented before the period the section fixes has passed since the marriage, unless leave is given on the grounds the section names.
  • Petition for divorce under the Special Marriage Act, 1954 — Where desertion is the ground, it must have continued for the period the clause states immediately before the petition is presented.

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