Divorce

A.R.Mukundan (Querist) 18 September 2009 This query is : Resolved
The couple married seven months before. They lived together only for a period of two months. Now they prefer a divorce. Can the couple apply for Mutual consent divorce immediately or have to wait for the completion of one year? give applicable section and case laws if possibleriven

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Sarvesh Kumar Sharma Advocate (Expert) 18 September 2009
if mutul divorce is there then file it before the ragistrar office .get remedy same day.riven

Sachin Bhatia (Expert) 18 September 2009
Mr. Sarvesh what remedy you are talking about?riven

Sachin Bhatia (Expert) 18 September 2009
Hindu Marriage Act, 1955

13(b)Divorce by mutual consent
(1)Subject to the provision of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together,whether such marriage was solemnized before or after the commencement of Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2)On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree]

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Sachin Bhatia (Expert) 18 September 2009
In your case you have to wait for the completion of one year of living seperately.riven

R.R. KRISHNAA (Expert) 18 September 2009
The law requires the parties to wait for one year (under section 14 of HMA). But section 14 of the Hindu marriage act also says that parties can approach the court before the completion of one year stating the exceptional circumstance of hardship and depravity and file the petition for divorce and seek relief of divorce.

You can refer section 14 of HMA.riven

Raj Kumar Makkad (Expert) 18 September 2009
wait for the completion of one year.riven

Raj Kumar Makkad (Expert) 18 September 2009
wait till the completion of one year.riven

charudureja (Expert) 18 September 2009
Divorce cannot be filed before completion of one year. u can only get marraige voidable before one year of completion or voidriven