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(Querist) 05 May 2013 This query is : Resolved 
hello experts..

i am married for 5 months in delhi..My husband and inlaws dont treat me gud..i m mentally harrased..i want divorce but he is saying no matter what i wl not give u divorce..

pls tel can i file divorce without his consent?

do i need to wait for 1 year to file divorce?

is sepration necessary to file divorce?

thanks

god bless all
Nadeem Qureshi (Expert) 06 May 2013
Dear MAHIMA
1. yes, You can file the divorce petition before the court on cruelty u/s 13 (1)(1a)of Hindu Marriage Act.
2. yes, but if there is any special and exceptional condition then you can file divorce petition at any time before one year.
3. no separation is not mandatory.

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Devajyoti Barman (Expert) 06 May 2013
Yes the date of marriage must be more than one year.
You can file suit for divorce and if you could prove your allegations, you can well get divorce.'You are entitled to host of other reliefs as well including regular monthly maintenance.


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