Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Raj (Other)     17 October 2010

Fastest way to get divorce

 

Hi,

I got married about 1 month back(arranged marriage) and me and my wife dont want to  be together anymore.



Reason.

She is still in love with her Ex-boy friend even thought he doesnt want her.

Marriage has not been consumated .

She also doesnt want to be with me and agrees for mutual consent.


Can I use the above grounds for divorce .


Can you please let me know whats the fastest way to get legally seperated.


I want to find another partner and get on with life .Please help


Thanks




Learning

 15 Replies

chanakyam (Consultant)     17 October 2010

Hello Raj , mutual consent divorce is not possible within a year of your marriage.  I dont think the grounds which you are using does support for getting seperated legally within a year of divorce.  I think, Only in exceptional cases you will get divorce within a year of the marriage. 

Adv. Samar (Advocate)     18 October 2010

file case for mutual seperation, if you both dont wanna be with each othere there won't be any problem...atleast file case first...
 

G. ARAVINTHAN (Legal Consultant / Solicitor)     18 October 2010

you need to wait one year atleast to get divorce

sudalaimuthu, (Advocate and Tax Consultant sudalaipearls@rediffmail.com)     18 October 2010

you may file a divorce petition under mutual consent but you have to face a judicial separation for a year.


(Guest)

annulment under section 12 has got a solution.  meet the competent advocate and get relief.


(Guest)

for annulment, you need not wait for one year.

Arup (UNEMPLOYED)     18 October 2010

She is still in love with her Ex-boy friend even thought he doesnt want her.

- i think, she maintains a s*xual relationship  with that boy. this will provide you a good ground for divorce.

Arup (UNEMPLOYED)     18 October 2010

Marriage has not been consumated .

- it is another ground.

1 Like

Arup (UNEMPLOYED)     18 October 2010

She also doesnt want to be with me and agrees for mutual consent.

-may pray for mutual divorce.

1 Like

Arup (UNEMPLOYED)     18 October 2010

Can you please let me know whats the fastest way to get legally seperated.

- delay is the main tactice at indian courts. it mostly depend upon the activity of the pleader of openant party. if they agreed it will be faster. for mutual it will take at least 2years. for annualment and complain cases, if the openant agrees and co operates it will take max six months. bring a charge by one, and accept the charge by the other. it is the easiest and fastest procedure.

1 Like

A.P.Loganathan (advocate Madras High Court)     18 October 2010

Dear raj,

As the consumation not taken place there is a possibility of getting divorce within a year but the consumation fact must stated in the affidavit and the judge must be appraised accrdingly.

A.P.Loganathan, Advocate, Madras HIgh Court

RAKHI BUDHIRAJA ADVOCATE (LAWYER AT BUDHIRAJA & ASSOCIATES SUPREME COURT OF INDIA)     18 October 2010

Dear Author, U should file a divorce petition with mutual consent alongwith an application under section 14 HMA for waiving of statutory period of one year. For further detail u can call me at 9871158578.

jibak (Advocate)     18 October 2010

I agree with Mr. Chanakiya,Consulatant .

Advocate majumdar

Snehal (Lawyer)     20 October 2010

Dear Friend,

I am Adv. Kolhe from Nashik, I also facing similar situation but I filed the divorce within 1 year under Rules Framed by Bombay High Court U/Sec. 14 & 21 of Hindu Marriage Act. Acording to these rules there is Rule 10 which provides that if there is Exceptional hardship or exceptional deprivity on either spouse then with the permission of the Hon'ble Court you will get the sec. 14 application allowed. You have to file the divorce petition alongwith the Sec. 14 application in which the reason for exceptional hardship or exceptional deprivity  must be mentioned. If any furher help needed then call me on 9422247317.


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