gauri (none) 19 August 2010

Divorce within one year

Hi,

I dont know if it is right to put up these things here but i really need assistance.

I got married about 5 months back, it was an arranged marriage. We dont not share any physical relationship anymore as i lost interest since he has wild ideas towards these things.

i also realized that my husband was very rude and verbally abusive. I basically get very stressed whenever i talk to him.

He threatened rape twice after that i left him. Today i want a divorce, he has agreed for mutual consent but he wants it now before completion of one year and he wants the divorce in 3 to 4 months. Is it possible to file before we complete one year?

can we file for divorce before completion of one year under hindu marraige act.

Thanks

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4 Replies

Legal Fighter (Advocate) 19 August 2010

No as per law, you can't file divorce before completion of one year and even after applying for mutual consent divorce, you have to wait for 6 months for second motion.

I would suggest that as both of you agreed for mutual consent divorce, you can sign MOU as per agreed terms and conditions.

(Guest)

agree with prabhakr ji , , look for a conciliation. dont go ahead ,unless u are sure cant live wid him. or annulment may be one of option, but MCD may be best in terms of time and energy saving , may have to wait for a year unless u can get it condoned by SC.

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA) 21 August 2010

I do agree with Mr. Prabhakar. U can file the divorce petition by filing an application under section 14 HMA, FOR FURTHER DETAILS U CAN CALL ME AT 9871158578