Divorce within 4 months of marraige


hi everyone!  Read a topic on divorce within 2 months in this forum. want to narrate my story.

my wife filed divorce after 4 months of marriage under section 13 1 (ia )(iii), cuelty and mental disorder as grounds. no mention of sec14 (permisssion to file petition within one year). my case has reached arguments stage. my wife submitted wedding card, invitation and an email written by her to her uncle(whom she never had mailed or called before, anytime after marriage), stating she is facing harrassment for pst 3 months and need help. however her uncle deposed that he is no whwere present in this issue and he neither knew whats happening in our marital life and nor he ever tried to enquire and settle any issues.

my wife's claim is that i am suffering from screzophernia, and she doesnt know whether its curable or not( she said this under oath in her cross). no proof of even a medical bill or prescripttion as its all a tangled web of lies.

so , i just want to ask the experts that when there is a clause to the extent that no petition for divorce unti 1 year , of mrg andpetiton will be  allowed only under extraordianry circumstances, 

my wife didnt apply under sec14 of HMA, but still  hw come her petition was allowed.

no proof of cruelty

no proof of mental disorder. then how come court is continuing the case?

will this sort of case be admitted in high court , if at all i win in family court and she goes for an appeal?

 
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lawyer

well it should not have been allowed to continue

but u r saying tht it has reached argument stage

hvn.t ur lawyer pointed it to the court

any way you may point it out even now

u may also move to the high court on the issue

 
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Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Divorce within a year of marriage can be applied if there is extreme hardship such as extreme physical or mental cruelty, adultery, etc. The courts are normally very reluctant to allow the presentation of a divorce petition before a year from marriage. In the overall landscape of family law in India, a court adjudicating a divorce petition has to first endeavour to save the marriage rather than to dissolve the marriage at the throw of a stone. Therefore, unless strict prima facie proof of extreme hardship is led the court will not allow the presentation of the petition before the marriage is a year old.

 

As regards the application for leave to apply for divorce before a year, there have been certain judicial pronouncements where it has been held that an application for leave need not be separately filed when applying for divorce before a year. If the lower court has admitted her petition of divorce before the lapse of a year from marriage you have the option of moving the HC and challenging the concession that has been granted to her.


Ashish Davessar

Advocate

*Supreme Court of India

*Punjab and Haryana High Court


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