Divorce on cruelty basis

Querist : Anonymous (Querist) 05 December 2011 This query is : Resolved
Dear Friends,

can I suit a divorce file in the ground of cruelty basis against my wife.

But I got married last June,2011.

If not then what is the solution ?

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Shonee Kapoor (Expert) 05 December 2011
No petition lies within ONE YEAR of marriage for divorce, however, if the same would cause exceptional hardship to the parties a seperate application u/s 14 of HMA may be preferred.

If the court accepts your exceptional hardships, the court may accept the application within ONE YEAR of the marriage.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

M.Sheik Mohammed Ali (Expert) 05 December 2011
yes, you must atleaste one year separation thereafter you will get divorce, any way file a case.

ajay sethi (Expert) 05 December 2011
you have hardly been married 5 months and you want a divorce. you have to stay separate atleast for a year then apply .

to prove cruelty is a hereculean task . work towards salvaging your marriage .

Adv.Shine Thomas (Expert) 05 December 2011
agree with Mr.Shonee Kapoor.

Rajeev Kumar (Expert) 05 December 2011
Agree with Kapoor

Devajyoti Barman (Expert) 05 December 2011
One year is the rule and any time before that is exception.

V R SHROFF (Expert) 06 December 2011
Shri Shonee Kapoor had guided you correctly.

Your burden to prove Cruelty is very very heavy, say next to impossible, being a husband,that too within 6 months.
Most probably, you have to wait till next June- July 2012.