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Bhim Bhardwaj   12 April 2019

Divorce by mutual consent.

Can divorce by mutual consent be obtained before completion of one year of marriage?
Please provide any case law in this regard.


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 9 Replies

Adv Deepak Joshi +917017821512 (Advocate)     12 April 2019

minimum period is 18 months but period can be waived after permission of court

Kamlesh Dave   12 April 2019

yes if case is one of exceptional hardship

Bhim Bhardwaj   12 April 2019

Sir is there any case law ?

Kamlesh Dave   12 April 2019

see citation 2007 AIR (All) 211. MANISH SIROHI V/S MINAKSHI SIROHI

Kamlesh Dave   12 April 2019

see also E M SWEETY V/S K B SUNIL KUMAR SHARMA 2008 AIR (KARNATAKA) PNO 1

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     14 April 2019

U/S 14 OF THE HMA the court may entertain a petition on before the completion of one year from the date of marriage but in very rare and exceptional cases it is allowed. Generally the petition is dismissed but the High court may give you a favorable order using its inherent powers.

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     14 April 2019

U/S 14 OF THE HMA the court may entertain a petition on before the completion of one year from the date of marriage but in very rare and exceptional cases it is allowed. Generally the petition is dismissed but the High court may give you a favorable order using its inherent powers.

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     14 April 2019

U/S 14 OF THE HMA the court may entertain a petition on before the completion of one year from the date of marriage but in very rare and exceptional cases it is allowed. Generally the petition is dismissed but the High court may give you a favorable order using its inherent powers.

{Balu manikantan} SUBRAMANYAM (Practising Advocate)     14 April 2019

U/S 14 OF THE HMA the court may entertain a petition on before the completion of one year from the date of marriage but in very rare and exceptional cases it is allowed. Generally the petition is dismissed but the High court may give you a favorable order using its inherent powers.

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