Divorce within one year

This query is : Resolved 
 


Querist : Anonymous (Querist)
20 September 2018

Sir,

A couple want to divorce, but the marriage was done on April-2018, and under which section for suitable for get divorce within 1 year not completed.
Pls suggest and reffer me citation.


KISHAN DUTT RETD JUDGE (Expert)
20 September 2018

Dear Sir,
Actually divorce petition cannot be filed before expiry of one year of marriage but you must create such circumstance, intelligent lawyer can do it for you.

Ms.Usha Kapoor (Expert)
21 September 2018

a DIVORCE PETITION CANNOT BER FILED UNTIL AFTER COMPLETION OF ONE YEAR FROM THE DATE OF MARRIAGE WHETHER IT IS IRRETRIEVABLE BREAKDOWN OF MARRIAGE OR MCD OR OTHERWISE.

Vijay Raj Mahajan (Expert)
21 September 2018

The only condition for divorce by mutual consent for couple who jointly want to obtain is one year separate living.
If their marriage itself is not one year old how they can go for divorce. In the petition for divorce it has to state the date when they started living separately and even in unconsummated marriage the date on which the marriage was solemnized is mentioned as the date from when they are living separately.
So for all purpose the parties need to wait for one year after which they can move the Family Court for divorce by mutual consent.

Vijay Raj Mahajan (Expert)
21 September 2018

The other option open for the parties is that one of them file petition for annulment of marriage on the ground of fraud or force against the other. In such case the respondent remains absent and doesn't defend the annulment petition in the court. The court being satisfied of summon service to respondent will proceed ex-parte against such person and on the basis of the pleading of the petitioner annul the marriage with decree of nullity.

Vijay Raj Mahajan (Expert)
21 September 2018

The petition for annulment can be moved immediately without waiting for completion of one year of marriage.

R.K Nanda (Expert)
21 September 2018

Nothing more to add.

ashok kumar singh (Expert)
21 September 2018

you may take leave of the Court, if permitted then only you can place such application



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