Rochan Thadani (student) 11 January 2014

Minimum time after which either spouse can apply for divorce

i have two enquiry

A. What is minimum time frame after which either party to a marriage can apply for divorce when the parties had occasioned the marriage under

1.special marriage act i.e., had done a court marriage?

2.hindu Marriage Act ?

B. Can a wife seek divorce after one month of marriage owing to non consumption of marriage?

thanking You,

Regards

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4 Replies

Rajeev Kumar (Lawyer/Advocate) 11 January 2014

A 1. Atleast after one year of marriage. 2. Same answer as 1. B. Not divorce but she can file a petition for void marriage.

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Rajeev Kumar (Lawyer/Advocate) 11 January 2014

A 1. Atleast after one year of marriage. 2. Same answer as 1. B. Not divorce but she can file a petition for void marriage.

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Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India) 11 January 2014

Dear,

For non-consummation of marriage, the petition for getting the marriage annulled can be filed u/s 12(1)(I) of the Hindu Marriage Act, 1955 and the petition can be filed immediately after the marriage.

Advocate Kapil Chandna

9911218741

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Sankar Mukhopadhayay (Sr.Advocate) 11 January 2014

Mr. Rajeeb Kumar already replied but still I would like to inform you that wife can applied to the competent Civil Court for a declaration that the marriage is void due to want of consumption.

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