m.kameswaran (student) 21 October 2017

Divorce

the girl aged 17 yr and 2months was married with 28 year old man with her parents consent, on 20/01/2017. hsband and wife are from different caste. mostly he comes to home in inebriated condition and torture this girl by abusing and beating. the girl wants divorce from husband. can she send lawyer notice now and file divorce case after completing statutory period ( after january 20,2018 ) under hindu marraige act1955 or special marraige act..

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7 Replies

sunil Rathore 21 October 2017

both are hindu...?

m.kameswaran (student) 21 October 2017

yes .girl belongs to naidu and man belongs to chettiyar.

Vijay Raj Mahajan (Advocate) 21 October 2017

There is no statutory period under the Hindu Marriage Act, 1955 for filling divorce petition on the ground of cruelty.No requirement of sending any legal notice before filling petition for divorce just do it now if the wife suffered cruelty in the hand of husband without any further delay. If it's a Hindu marriage between two Hindus than divorce petition shall be filled under the Hindu Marriage Act 1955.

Jaspal singh (practicing lawyer) 21 October 2017

Agreed with my senior one...no onr can stop u for filing a divorce petition ..there is no statutory period for filing a divorce petition when d either spouse is suffring fron cruelty. No such law prevent you to suffer by the hand of either spouse till the statutory period shd not b over... Moreover u can file a divorce on the ground of void/ voidable marriage.. As the age of girl was not comeptent at the time of marriage.. Regards Jaspal S Maini(Adv) 9999987283

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Nitish Banka (lawyer) 21 October 2017

You may send the legal notice now, however settlement would take time.you may file DV case incase settlement fails

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 21 October 2017

Dear Querist

there is no requirement for filing the divorce petition but can be file an annulment petition and declare this marriage as null and void as the girl was minor at the time of marriage and marriage can be declare as void ab initio as per section 11 of Hindu Marriage Act-1955 as violation of section 5 of HINDU MARRIAGE ACT-1955

@Mr. Mahajan/Mr. Jaspal Singh

The time limiation for filing the divorce petition is one year as mentioned in the section 14 of Hindu Marriage Act-1955

14 No petition for divorce to be presented within one year of marriage .

(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, 28[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 29 [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 30 [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 31 [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 32 [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 33 [said one year].

It may be possible that my knowldge is less so please inform me the rule or law where it is mentioned that there is no statutory period for filing the divorce.

Mr. Mahajan, It will be better if we left our habit to use wrong word i.e. stupid.

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Nadeem Qureshi Adv

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