ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent
ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent
excepted; constituting or relating to an exception; unusual; uncommon." Webster's International Dictionary of English Language;
"Exceptional which is itself an exception ... states;
"There is no definition in the Act of exceptional hardship or exceptional depravity, but leave to present a petition before the expiration
circumstance of
exceptional depravity, or exceptional hardship.
23. Mr. Kapur submits that the words „exceptional hardship or
exceptional depravity‟ occur together, so they have ... case falling in one of the two exceptions i.e. "exceptional hardship", or
"exceptional depravity", the general rule shall prevail, that
event the husband
has failed to establish any exceptional hardship or exceptional depravity entitling him to file such
a divorce petition prior to expiry ... However, the
section provides two exceptions to this rule i.e. where the petitioner
faces exceptional hardship or exceptional depravity at the hands
elapsed, or (b) the case is one of exceptional hardship to
the petitioner or of exceptional depravity on the part of
the other party ... decree for
divorce forthwith on the ground of exceptional hardship to
the petitioner or of exceptional depravity on the NO of the
other party, even
relief on the petition for divorce, the question of exceptional hardship and exceptional depravity also will have to be considered, and taking into consideration ... basis of the affidavit filed support of the petition whether exceptional hardship or exceptional depravity has been proved. Learned Judge has also enumerated certain guidelines
ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent. However ... petitioner setting out the particulars of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent on which leave is sought
said Act can be invoked, a case of exceptional
hardship or exceptional depravity has to be made out. Those are the
essential ingredients ... Section 14 (1) of the said Act, i.e.,
exceptional hardship or exceptional depravity. This test would have
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FAO No.312 of 2012 Page
relief on the petition for divorce, the question of exceptional hardship and exceptional depravity also will have to be considered, and taking into consideration ... basis of the affidavit filed support of the petition whether exceptional hardship or exceptional depravity has been proved. Learned Judge has also enumerated certain guidelines