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Divorce Petition Dismissed under section 14 of Hindu Marriage Act


12-Aug-2023 (In Family Law)
Greetings, My friend's (Groom) marriage didn't sustain for long. Due to personal differences his wife left him within 2-3 months of their marriage. He filed for a divorce but his petition got dismissed under section 14 of the Hindu Marriage Act. It's been more than 4 years since his petition got dismissed. His wife got a decree in her favor for Restitution of conjugal right. Though she is not living with him since the time she left him. Can he again file for divorce?
Answers (4)

Answer #1
591 votes
Yes, he can file the divorce petition on the ground of desertion or he can challenge the order of the restitution of conjugal rights in the appellate court. as it`s been more than one year of getting marriage the requirement of getting marriage is fulfilled.
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Advocate Siddharth Singh

Adv. Siddharth Singh

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Answer #2
808 votes
Yes, your friend can file for Divorce. But it is to be seen on what grounds is he seeking Divorce?, and what is the status of his wife? Is she ready and willing for Divorce? If both parties are ready, they can file Joint Petition for Divorce by mutual consent.
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Advocate Rishi Raj Sharma

Adv. Rishi Raj Sharma

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Answer #3
808 votes
In my considered opinion, your friend can file for divorce again. It must have dismissed earlier due to non-completion of the mandatory period of one year of marriage before filing for divorce. Since already 4 yrs have elapsed, the said prohibition is removed. Your friend could feel free to contact me for detailed understanding, legal process, nature of proceedings and any other questions that he may have.
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Advocate Vanshdeep Dalmia

Adv. Vanshdeep Dalmia

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Answer #4
614 votes
Yes of course he can file for divorce. Are you saying that despite the restitution decree being passed in her favour, the wife is not residing with him? Kindly clarify and get in touch. But yes he can file for divorce.
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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