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Prabhu ( )     23 November 2011

Time limit for divorce petition- urgent please

Hi experts,


   What is the time limit to file divorce petition?

   Few lawyers said we need to wait for one year after marriage , some are saying one year limit is for mutual divorce only not for contested divorce?

   I am confused, Please guide me on this

Thanks

Prabhu



Learning

 5 Replies

Adv. Chandrasekhar (Advocate)     23 November 2011

either it is contested divorce or MCD, generally, one year time difference from the date of marriage till date of filing is a mandatory requirement.  This can be exempted by the court, if the litigant shows the extreme hardship for filing the case within one year of marriage.

1 Like

Legal Fighter (Advocate)     23 November 2011

correctly stated by Adv. Chandu.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     23 November 2011

Minimum One Year of marriage, as per Sec 14 of HMA.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com

Sandeep Naik (Advocate)     29 November 2011

What if either of the spouse decides to withdraw consent divorce application before six months on valid ground that there was a force/pression from the parents ? 

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     02 December 2011

Well, it has to be seen from the facts and circumstances of the case, whether case on other grounds can be filed or not.

 

 

Regards,

 

Shonee Kapoor

harassed.by.498a@gmail.com


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