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Shan   24 April 2017

Married for 3 months - wife wants a divorce

Hi All,

 

I'm Married for 3 months and Since 3 months My wife is not interested with this marriage and wanted to File divorce and asking for Mutual. I'm almost in the same page and ready to give divorce. But I've a doubt if we can go for a divorce in 3 months of marriage. Our Marriage was an Hindu Marriage happened in Temple.

Even given the option to live seperately from my parents she seeks for divorce.

Kindly help if I can apply for Mutual Concern Divorce.



Learning

 7 Replies


(Guest)

Sir,even fr Mutual consent divorce,one year separate living from date of marriage is needed as so u cannot file rightknow

A walk alone (-)     24 April 2017

You have to wait for one year. Before one year completion of marriage you can't file MCD.

Sachin (N.A)     24 April 2017

Originally posted by : Shan
Hi All,

 

I'm Married for 3 months and Since 3 months My wife is not interested with this marriage and wanted to File divorce and asking for Mutual. I'm almost in the same page and ready to give divorce. But I've a doubt if we can go for a divorce in 3 months of marriage. Our Marriage was an Hindu Marriage happened in Temple.

Even given the option to live seperately from my parents she seeks for divorce.

Kindly help if I can apply for Mutual Concern Divorce.

 

Its better to wait for completion of one year.

Else you both can file joint "Petition for Annulment of Marriage" on the ground "Consent of marriage was taken by force."

Shan   24 April 2017

Sir,

COuld you please explain about this "Petition for Annulment of Marriage" on the ground "Consent of marriage was taken by force.", I would like to get this marriage void or divorce an so as my wife wants to.

Mukesh sharma (job )     24 April 2017

Hello you have only 3 month of your marriage and now you going for divorce so if you not happy with this marriage than why you take this step for marriage so now you can wait till 1 year and if your wife ok with MCD than file after completing 1 year and get divorce  but on this 3 month  marriage time your case would not accpeted by court 

 

Sachin (N.A)     24 April 2017

Originally posted by : Shan
Sir,

COuld you please explain about this "Petition for Annulment of Marriage" on the ground "Consent of marriage was taken by force.", I would like to get this marriage void or divorce an so as my wife wants to.

 

Annulment means that the said marriage is "not valid" in simple words considered as "never happened".

Section 12 of Hindu Marriage Act, 1955 deals with Annulment of marriage: There are many grounds for that you can use the ground that consent for marriage was taken by force.

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     25 April 2017

Is there any problem in waiting for one year? Even when both the parties are agreed on divorce there may not be agreement on terms of divorce such as maintenance etc. A Hindu marriage to be valid should either be registered under the Hindu Marriage and Divorce Act or should have been performed in accordance with customary procedures. A marriage in a Hindu Temple need not be in accordance with customary procedures.


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