divorce within six months


Dear All,

 

Need urgent help.One of my friend just got married in nov'2015.His wife is a teacher in different cities.After marriage boy found temperamentle issues and they both are not able to live together.Boy is in depression moreover they have not been sharing the bed from last 3-4 months.Boy want to file divorce case due to s*xual differences.There are often quarrels between them.Boy can not wait for 1 year to file divorce as he is very bad situation.Physically and mentally he is not satisfied also lost his father.So on what basis and when he can file for divorce and how much time will it take to get divorce .

 
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Advocate

Mam, 

 

He can file for annulment of the marriage on any of the grounds and get the marraige annulled, becasue there is no period to get the marraieg annulled. 

 

Warm Regards 

Kapil Chandna Advocate 

9899011450


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I don't found any reason for annulment of marriage in your question.  You can file divorce before one year, if you have any strong reason, with prior permission of district judge


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Dear mam, 3 months the court will council the couple and try to solve the problem, in extreme cases judge grant divorce before a year, as you are a friend, try your best as well, thanks

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Advocate

Dear All,

to best of the my knowledge no divorce petition can be filed within one year of the marriage, further grounds of annulment are not present in the present case, but incase both the parties are agreeable for divorce then only you can file suit for anulment and opposite party can admit it, and marriage can be desolved.

regards


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I want to confirm a s*x deprived marriage can be challenged after how much time of marriage..in previous 6 months they just got physical 6-7 times now both are living in separate homes and are not in talking terms from last 2 months .please see this case as s*x deprived marriage and inform me when he can file the case
 
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Originally posted by : Amit Gupta
Dear All,

to best of the my knowledge no divorce petition can be filed within one year of the marriage, further grounds of annulment are not present in the present case, but incase both the parties are agreeable for divorce then only you can file suit for anulment and opposite party can admit it, and marriage can be desolved.

regards

 

As per section 14 of HMA  Divorce petition can be filed before completion of one year.


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If both are ready for mutual divorce they can get it done even before one year of marriage... U can pm me I will explain u how it is done....

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Advocate Solicitor & Consultant

I am surprised how the learned friends are saying that under Sec 14 of HMA a person can file a divorce before one year of the marriage where as the section clearly says " NO PETITION FOR DIVORCE TO BE PRESENTED WITHIN ONE YEAR OF MARRIAGE" Sec 14 of the Hindu Marriage Act 1955.

There is no s*x denial ground in the exceptions to file a divorce even after a year if the parties are of sound health though it can be a kind of cruelty taken to and by the other party of the marriage. As main objective of marriage is affected by this.

However you can apply Divorce within one year of the marriage in only extreme conditions where the circumstances do not allow both the parties to live together nay how, this can only be accepted in the Supreme Court with a special leave petition showing the cause of the concern which make bound the couple not to live along. 

OR you can take the divorce before one year of the marriage when a special resolution is passed by the both houses of the Parliament in favour and they think that in no circumstances both the parties can live together thus a divorce be granted to them for sake of justice.

It is a hypothesis and cannot be made true.

For further legal assistance you can send me a PM (Personal Message) through this site.

Advise; always take assistance from an experienced and well educated Advocate of the field.

You well can see my credentials on my web site www.anandbaliandassociates.com ; plus at many other independent internet sites of India such as on  Pathlegal.in, LawyersclubIndia.com; Justdial.com; Kaanoon.com.; Lawsolva.com; Linkedin.com; Legalindia.com; Myadvo.com; Just Dial.com & Sulekha.com; plus many more .

Please visit  www.anandbaliandassociates.com
With Regards !!
Anand Bali, Adv.
(B.Com., M.A., LL.B., M.B.A.)
Supreme Court of India 

 

 
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I never said that in this case it is possible to file divorce petition before one year,  I only responded to Mr Amit Gupta because he said it not possible in any condition. 

Here is Section 14(1) in The Hindu Marriage Act, 1955

 

No petition for divorce to be presented within one year of marriage. - (1) notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage: 

Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent,

 

 
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