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Smile (NA)     02 February 2011

Can one apply for Divorce within 6 months of marriage

Hello,

I want to know if one can apply for divorce within 7 months of marriage on mutual consent basis?
Please help.

 



 12 Replies

Adv Archana Deshmukh (Practicing Advocate)     02 February 2011

Divorce can be applied within one year of marriage provided that the petitioners can show that exceptional hardship will be caused to them if the petition is not accepted.

2 Like

Adv B.B.Gambhir #9814820602 (advocate)     02 February 2011

as per section 13 B of Hindu Marriage Act one year period of sepration from the date of marriage is required for the divorce by mutual consent. not one year from the date of marriage. however as per section 14(1) of the Hindu Marriage Act, the one year period of sepration can be waived in hard and exceptional circumctanses

Avnish Kaur (Consultant)     02 February 2011

these circumstances can be expected loss of limb/ life/ extreme violent conditions in which the relationship can cause exceptional damaga.


(Guest)

I agree with the view that  Adv B.B.Gambhir said.

 

13B.    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petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being  satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has  been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]

 

 

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, 1[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 1[before one year has elapsed] since the  date of marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of respondent, but if it appears to the court at the hearing of the  petition that the petition obtained leave to present the petition by any mis- representation 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 1[ 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 1[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 1[ 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 1[said one year].

COMMENTS

In case there is the leave granted to institute divorce proceedings within one year of marriage, and there was no raising of objection by either of the parties and the trail continued the  parties are not at liberty to raise objection, stating as granting of leave improper.-Deepayan Chatterjee V. Pipiya Chatterjee 1990(1)HLR 413

 

 

abnash singh (consultancy)     03 February 2011

Yes Divorce can be appied for with refrence to S 14 a of HMA  under S 13 of HMA  where cruelety is the cause ( Mental/physical) even  in a time period of less than 12 months of the marriage under HMA

A.VIVEK ADVOCATE (ADVOCATE)     04 February 2011

DIVORCE PETITION CAN BE FILED ON THE DATE OF MARRIAGE ITSELF.BUT LET ME KNOW WHAT IS YOUR PROBLEM WITHIN 7 MONTHS. SEE  WE NEED TIME TO UNDERSTAND OUR LIFE PARTNER.

Smile (NA)     05 February 2011

Thank you all so much for your suggestions and advice.
I am unable to live with my husband, we have even gone in for marriage counselling but all in vain.
is their any MOU or another other form of agreement that we both can do such that after completion of one year either of us can apply for divorce since my husband will be going abroad for work for a period of 2-3 yrs.
Please help.

Smile (NA)     05 February 2011

Could anyone suggest a good divorce lawer in bangalore please.

Smile (NA)     05 February 2011

Could anyone suggest a good divorce lawyer in bangalore please.

Adv k . mahesh (advocate)     31 May 2013

after one year means you can send those papers to him for signature and file them in court for Mutual divorce but at the time of filing he should be present in the court and after filing 6 months after again both them has to present and court will grant you divorce 

even now you can mutually take mou but that will not solve your problem 

search for family lawyer from LCI or from the court association for family lawyer 

Satish Mishra   08 March 2017

You might find one here : https://lawrato.com/lawyers/bangalore 

lk   09 May 2017

I want file Divorce and we got married 3 months back , aCan any one assist me how to file the petition in court


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