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Lakshmi Ranganath B (developer)     26 May 2014

Is it possible to get divorce with in 1 year of marriage

One of my friend  want to get divorce. Her marriage occurred on 27th April 2014. Both party have extramarital affair. Her husband and she mutually agreed to get divorce is it possible to get divorce as soon as possible , by applying permission to get divorce with in one year of marriage . 

Please help them to get divorce has soon as possible.

Thank you in advance. 



Learning

 14 Replies

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     26 May 2014

Thank in advance is no solution.

Adv. Chandrasekhar (Advocate)     26 May 2014

If you can convince the court  the extreme hardship, then only the court under its discretionary power allow the application for filing divorce within one year.

Laxmi Kant Joshi (Advocate )     26 May 2014

you have to wait for completion of one year to your marriage only then you may file mcd .

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 May 2014

Under Hindu marriages, Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Girish (Senior Manager Operations)     26 May 2014

Please find a miscellaneous application with mutual consent for divorce. Your Divorce Petition won’t be entertained; however, your MA might be kept by Judge aside for 4-6 months and both husband & wife may be sent for counselling. If both will again form a mutual consent and would be able to convince the Judge / Counsellor that “The marriage took place without taking consent from BOY & GIRL. Family members put immense pressure to tie the knot based on family ethics. Both are educated, major & can’t live together. They are undergoing hardship as they both want to marry someone else but are tied in this marriage unfortunately as Marriage cards were distributed everywhere.”

 

You have to make out a solid case in your favour. Both Husband & Wife should tell the same story to every Judge/Counsellor and then then have to pray.

 

 

Now days, court has realised that temperament of new generation is not good & due to egos many new couples are entering into these situations; hence, based on the Judge’s opinion & discretion he might allow you the divorce decree within 1 year from the date of marriage.

Adv. Chandrasekhar (Advocate)     26 May 2014

I appreciate Mr. Girish's lucid explanation.  That's the way how things move.  One lurking fact is that if you both say that force of parents led to this unfortunate nuptial tie, the judge may cogitate that why you haven't filed annulment petition, where time limit of one year is not there to dissolve the marriage in more honourable way.

T. Kalaiselvan, Advocate (Advocate)     26 May 2014

The law is very clear that you cannot file a divorce petition within one year from the date of marriage.  The opinion of Mr. Girish may be a very rare and an extremely isolated case, wherein  there would have been substantial merits embedded in it. It is advisable to wait for one year period and then apply for  mutual consent divorce instead of running a risk and wasting time and energy on such unfruitful efforts.

Sugam Dayal (Business)     27 May 2014

Possible Act which may help : Hindu Marriage Act, 1955, Section 12

If is being decided that they want to leave each other, there is one way where they can go for marriage annulment. as per section 12. You need to create a proposal if any of the following sections are found to be valid in their case with evidence.

As you said they married under parental pressure.


The good thing about annulment is that the early you apply the strong representation it gets,

Rest you discuss with your lawyers or experts in LCI.

 

Section 12 of Hindu Marriage Act, 1955 deals with
Voidable Marriages- (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable and may be annulled by a decree of nullity on any of the following grounds, namely:-
(a) that the marriage has not been consummated owing to the impotency of the respondent; or
(b) that the marriage is in contravention of the condition specified in clause (ii) of Section 5; or
(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner was required under Section 5 as it stood immediately before the commencement of the Child Marriage Restraint (Amendment) Act, 1978, the consent of such guardian was obtained by force or by fraud as to the nature of the ceremony or as to any material fact or circumstance concerning the respondent; or
(d) that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

2) Notwithstanding anything contained in sub-section (1), no petition for annulling a marriage-
(a) on the ground specified in clause (c) of sub-section (1) shall be entertained if-
(i) the petition is presented more than one year after the force had ceased to operate or, as the case may be, the fraud had been discovered ; or
(ii) the petitioner has, with his or her full consent, lived with the other party to the marriage as husband or wife after the force had ceased to operate or, as the case may be, the fraud had been discovered;

(b) on the ground specified in clause (d) of sub-section (1) shall be entertained unless the court is satisfied-
(i) that the petitioner was at the time of the marriage ignorant of the facts alleged;
(ii) that proceedings have been instituted in the case of a marriage solemnized before the commencement of this Act within one year of such commencement and in the case of marriages solemnized after such commencement within one year from the date of the marriage; and
(iii) that marital intercourse with the consent of the
petitioner has not taken place since the discovery by the petitioner of the existence of the said ground

Sugam Dayal (Business)     27 May 2014

Originally posted by : Adv. Chandrasekhar

I appreciate Mr. Girish's lucid explanation.  That's the way how things move.  One lurking fact is that if you both say that force of parents led to this unfortunate nuptial tie, the judge may cogitate that why you haven't filed annulment petition, where time limit of one year is not there to dissolve the marriage in more honourable way.

annulment petition, that sounds more effective than filling divorce

Yadanand Legal help (maintenance divorce remarriage = yourscrew@gmail.com)     27 May 2014

Simple and sure is annulment of marriage since even you apply and get divorce the liability of paying maintenance will be there like cancer.

abhi.nahi.to.kabhi.nahi (IT Head)     02 June 2014

I am not good with law, but just to clarify - Can they file for annulment  on the grounds of no cohabitation since marriage and forceful marriage both?

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     03 June 2014

Though it is possible to get divorce before ONE YEAR, but the ground which you have stated is not enough for courts to grant the waiver, as there is no exceptional hardship.

 

Regards,

 
Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

Gautam Kapoor (IT professional Studying Law)     12 June 2014

Raj - Do you have a iota of  thought of whaf you are speaking here.

Gautam Kapoor (IT professional Studying Law)     12 June 2014

did you read the query in its entiriety ?


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