Ankit (None) 31 July 2013

Divorce before one year

Respected Members,

I recently got married in Feb. 2013. Just after marriage, got to know my wife is suffering from mental disorder and under treatment from more than 10 years. Due to her abnormal and aggressive behavior, we were forced to leave her. After that i have filled a case under section 12 of HMA for null and void. (On the basic of fraud marriage)

Later we came to conclusion and agreed for mutual consent divorce. But i am facing a problem that we can't file divorce as one year has not been completed yet and Girl side are not ready for null and void as they may have to face allegation.

Is there any way to get legally divorce before one year of marriage?? Please suggest

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3 Replies

adv.raghavan (Advocate,9444674980) 31 July 2013

one thing i am not able to understand, u said that ur wife has mental disorder and she is under treatment for 10 years, u have not mentioned whether she is suffering from this after marriage or prior to marriage. if she is still suffering from mental disorder how can she give consent for mutual divorce and what grounds it is valid,and if she has recovered fully and what is point in going for mutual divorce now after rehabilation.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com) 31 July 2013

Dear Querist

file mutual consent divorce u/s 13B of HMA read with section 14 of HMA

adv.raghavan (Advocate,9444674980) 31 July 2013

if u want to proceed further on this ,yes u can file , still she is still suffering from mental disorder u cannot file petition under 13B of HMA, U have to withdraw earlier petition filed under section 12 as u said earlier and seek divorce only under section 13 (1) (iii) ,and for getting divorce before one year of marriage u have to file petition under section 14, and have to prove the court u have some extra ordinary situation to go for this and court should accept your version.,