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ssss (---)     14 November 2013


hi... my marriage was soleminized in Apr13. My wife didn't made any relation with me. & went back to her home after a week. now she does not want ot live with me. and also filed a dowry case against me and my whole family and want divorce. after how much time of marriage I/We can apply for divorce by mutual consent. Or can I or she apply for divorce seprately. Is there any provision to file a petetion for divorce before 1 year of marriage. Plz suggest me.


 8 Replies

Akhilesh Kumar (Legal Counsel)     14 November 2013

The petition for divorce is not maintainable before expiry of 2 years of marriage, unless the cause of divorce is such in nature which puts in danger of life and the marriage solemnized with the person who is not competent to marry and solemnized due to misrepresantation.  

Ms.Nirmala P.Rao (CEO)     14 November 2013

Please go for divorce by mutual consent under 13 B of HMA and such a divorce can be granted any time after marriage based on the ground of irretrievable breakdown of marriage. Courts including thee Supreme Court are granting such divorce on this ground although it hasn't been legislated upon by Parliament as yet.This form of divorce can be granted even within a day or two on the above ground if the family court is convinced of this ground according to latest Supreme Court decisions.If you wish to thank me form this reply please click the thank you button on this forum

T. Kalaiselvan, Advocate (Advocate)     14 November 2013

You have stated that you had no relation with your wife since the date of your marriage and if my understanding is correct, your marriage has not been consummated due to your wife's refusal to cohabit with you for the reasons known only to her or to both of you.  Well I donot want to go into the depth of your marital relationship problems which obstructed  consummation of your marriage, but, as per law, marriages are performed for procreation of children and for that the essential ingredient is the s*xual intercourse/relationship between husband and wife.  If either of the party is impotent, the other part is eligible to seek annulment of marriage by a decree of null and void, and a petition to this should be filed within one year from the date of such knowledge.  Thus, if this is the reason, you may proceed with this option and this will be the only option available in law over your decision about your married life within this short period from the date of your marriage to the present date.  The opinions of above two experts in my view seem to be misguiding.   

Adv Archana Deshmukh (Practicing Advocate)     14 November 2013

You can file for MCD after one year of seperation. So you will have to wait for some more time.  Even in other cases for filing of divorce you will need to wait for completion of one year. So in the mean time try to pacify the situation and resolve it amicably. Even if eventually you both want seperation you can file for MCD after the statutory period.

Ms.Nirmala P.Rao (CEO)     14 November 2013

Please read proviso to Section 14 of HMA 1955-wherin based on the rules made by the State High Courts etc,  if the petition  under Section 13 B of HMA is one of extreme hardship to the petitioner and and of extreme depravity on the part of the respondent etc, the court may grant MCD before th expiry of one year time period of Marriage.

Adv Archana Deshmukh (Practicing Advocate)     14 November 2013

Yes there is such provision in the act but practically speaking the courts are usually reluctant to allow filing of divorce within a year, & also from the given brief facts it doesn't spell out anything unusual. Better you wait till the completion of one year and use the period for peacefully ending the relationship which will be in the interest of both the parties or consult a local lawyer with full details if you want to file within one year.

T. Kalaiselvan, Advocate (Advocate)     14 November 2013

If you intend to annul your marriage declaring it as null and void by a decree, you do not have to wait for the lapse of one year period from the date of marriage and a permission by a court u/s 14 of HM Act need not be obtained for filing the case u/s 12 of the Act.  The petition should be filed within one year from the date of knowledge of her impotency.   

ssss (---)     18 November 2013

Thanks for giving your valuable suggestions.Can i get a format of divorce petetion..and also want to know that after how much time my wife can apply for divorce.

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