that it is clear
from the language of the provisions of section 14 HMA and
it is also well settled that the leave to file ... sec. 13-B (2) HMA and should also be satisfied
that the statutory period of one year as prescribed under
section 13-B(1) HMA
terms of Order 32-A Rule 3 CPC / Section 23(2) of
the Act/ Section 9 of the Family Courts Act to reunite
the parties ... HMA can be pressed into service in
relation to section 13B(1) of the HMA; and in appropriate cases the
proviso to section 14
joint petition under Section 13-B(1) HMA was presented
within seven months of marriage, an application under Section 14 HMA was
filed seeking leave ... section 13B(1) of the HMA as a pre-requisite for presenting
the first motion, can be waived, by applying the proviso to
section 14
lapse of
substantial
ial time.
tim
6. Section 14 of HMA creates a statutory
tutory bar on the
presentation
tion oof a divorce petition within ... within a short period of marriage.
7. The interpretation of Section 14 of HMA
MA iis extensively
analysed in th
the recent decision
Section 13B
of the HMA for a divorce by mutual consent. Along with the said petition,
they also filed an application under Section 14 ... required to have passed before filing
a divorce petition under Section 14 of the HMA, along with a waiver of the
period of 6 months
should be annulled just on the ground of
appearance. Further Section 14 of HMA begins with the words
'notwithstanding' meaning thereby ... with such a grave depravity. Therefore, the grounds mentioned
in Section 14 of HMA falls short to come within the purview of
proviso clause
been filed under Section 482 Cr.P.C. for quashing
of FIR No. 0865/2021 dated 28.09.2021 registered under Section
498A ... filed a petition under section 13 (1) (i) (ia) along with an application
under section 14 of HMA, bearing HMA No. 1502/2020. Respondent
rejected.
2. The relevant portion of the proviso to Section 14 of the HMA reads as follows:
"14(1). Notwithstanding anything contained in this ... Reasons at the 1996 amendment to the proviso to Section 14 in the HMA Act is relevant and reads as follows:
"Since the passing
East, Delhi
Suit No. 233/08 Page 14/28
affidavit is available in the judicial file of HMA
No.1967/06. Similarly, plaintiff has been ... judicial files of HMA No.1768/07. On applications
moved u/s 14 HMA Act in both the cases (i.e. HMA
No.1767
entertain the petition.
This position is borne by statutory law.
16. Under Section 13 of the Code of Civil Procedure, 1908, a
foreign judgment ... after noticing the provisions of section 1 (2)
HMA in which it has been laid down : -
"14. Bearing in mind the principle aforesaid, when
