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Divorce under Hindu Marriage Act, 1955

(Querist) 04 February 2009 This query is : Resolved 
One marriage has been solemnised on 16th January, 2009 under Hindu Marriage Act, 1955. After two-three days from that marriage day the bride came back to her father's house and said there is some mental mis-match between she and her hesband and she don't want to go back her marital house. The marriage is not yet been regigtered under any Act, only socal marriage has been done. she wants divorce. Now in that setuation my question is as follows:-
1) The marriage is not yet been regigtered under any Act. so is it necessery to take divorce from the Court?
2) If it is necessery then how much time she have to wait for divorce?
3) What is the procedure to make this divorce if it is not done by mutual consent?
sanjeev murthy desai (Expert) 05 February 2009
Dear Diganth,

1. Ys it is neccesary to take divorce from the court.
2. after the marriage of 1 year she can file a divorece petition and then depend upon court (approximately 2 years).

3. If the both the parties ready to mutual consent, it is best way otherwise both the parties have the rights to file a divorce petition,

sanjeev desai
M. PIRAVI PERUMAL (Expert) 05 February 2009
Eventhough the marriage is not registered you have to obtain divorce through court of law. You can file divorce by mutual consent, 6 months separation is required, but can be condoned if the marriage is irretrievably broken down. If husband or wife wants to file divorce application (without mutual consent)within 1 year of solemnization of marriage a separate permission has to be filed and permission of the Court has to be obtained.
arunprakaash.m. (Expert) 05 February 2009
you have to wait for minimum one year. by this time you may change your position
M. PIRAVI PERUMAL (Expert) 05 February 2009
Along with a permission petition you can file an application for divorce within a year of solemnization of marriage.
Ravi Arora (Expert) 05 February 2009
in which state you are
Because in Delhi Lawyers adopt some different procedure but you have to wait for one year

sanjeev murthy desai (Expert) 06 February 2009
Generally, 1 year completion is mandatary
ARVIND JAIN (Expert) 06 February 2009
RAKHI BUDHIRAJA ADVOCATE (Expert) 06 February 2009
I do agree with all of my Ld. friends. If ur position is so worse that it is immpossible to carry on ur marriage, then u can file a joint petition for divorce with mutual consent alongwith the application u/s 14 of HMA.And as per the judgement of the SC that the decree of divorce from the court is necessary & any Panchayati Fainsla or settlemnet regarding divorce is not maintainable.For more details u can call me at: 09711364956
Hiralal Das (Expert) 05 April 2009
I do agree with the valuable opinions of the learned members. Thanks all of you.

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