Divorce
Prathna
(Querist) 06 April 2012
This query is : Resolved
Dear Sirs,
I am Mumbai based married to a man from Bangalore during end November 2011. We got separated during end January 2012. I left Bangalore and came to my native Mumbai and since then staying here. I am a MBA student. I want divorce as soon as possible. He is ready to give divorce. Please advice how to proceed further for divorce so as to get relief fast.
Thank you.
Nadeem Qureshi
(Expert) 06 April 2012
Dear Prathan
according to section 14 of Hindu marriage act
Section 14(1) in The Hindu Marriage Act, 1955
(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[ unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in. that behalf, allow a petition to be presented 1[ before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[ expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 1[ expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the 1[ expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 1[ said one year]
first of all wait till one year or till December 2012, you can file a divorce petition by mutual or u/s 13 (1) as case may be.
feel free to call
V R SHROFF
(Expert) 06 April 2012
SO SIMPLE IF BOTH OF YOU WANT DIVORCE.
TAKE A GROUND " since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner "
OTHERWISE YOU HAVE TO WAIT FOR STATUTORY PERIOD FOR MCD.
Shonee Kapoor
(Expert) 07 April 2012
I also endorse the views of Nadeem.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Adv.R.P.Chugh
(Expert) 07 April 2012
In case of divorce by mutual consent you'd have to wait for a period of one year from the date of marriage, you can allege before the court that you never stayed together as husband and wife.
In case of petition for divorce (unilaterally) you can file it even within 1 year of marriage on ground of exceptional hardship to you or exceptional depravitiy on part of your spouse.
Santosh Goswami,Advocate
(Expert) 07 April 2012
The court is not going to entertain your case if you file it within one year.You may file a case of judicial separation upon some grounds.There is no more way which I can't detail on this site.
919555462995
venkatesh Rao
(Expert) 07 April 2012
better consult an advocate of the locality and brief him the facts.
