divorce on mental creulty before 1 year completion

Hi All,

We got married on October 2018. Just after 1week of marriage my mother expired due to burn and I was also going injured and hospitalized for some days. Once I got discharged from hospital , she left my home Alongwith some of my documents. I asked her to come back to my native place but she gave excuses. My care was then taken care by my uncle and aunt. I became cured after 1month. After that For returning my documents I had to file a FIR against her as she was not to returning my documents. Just on the same day she lodged 498A case against me, my uncle and Aunt.

Just 1week before she called me and started to pressurize me to start family with her. She also said that my mother and uncle had physical relationship (which is completely false and I have the call recording also). Hearing this I felt very sad and insulted.

Now my question is Can I file a petition of Divorce on ground of mental cruelty? As per the Hindu Marriage Act the marriage should be at least 1year old , but in exceptional cases it can filed before 1year. Does my case has enough ground to become exceptional one so that I can file petition?

one more thing, till now marriage is non consummated.

Hello Sir, 

You may surely file a case of divorce on the ground of mental cruelty. It is at the discretion of the court to grant a divorce.


In these circumstances you should go for annulment of marriage and not for divorce.

Consult and engage a local prudent lawyer for proper guidance and proceeding.

However, if you are located in Delhi/ NCR and feel so, may contact me (on appointment) at: Ch. No 647, Dwarka Courts Complex, New Delhi-110075 Cell # 9891152939 email: majjagdish@yahoo.com




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