Rahul Choudhary 03 November 2015

File for divorce within one year

Hi All

Me and my wife married in february 2015 and serated in october 2015. I live in Australia and she joined me in march 2015 and lived here until october 2015.

We know that we have live separately for 1 year but we mutually agreed to file the divorce in march 2016 in India.

Now we have some questions around do we need to show any proof that we were living separately since March 2015 or we can just sign the petition and that would be OK by court?
Also any special grounds we can show to waive the 6 months period like I or she wants to get marry someone else?

We know law takes time but we have decided and agreed to give divorce and move ahead in our lives. Please suggest any alternative ways if possible.

Thanks

Rahul

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5 Replies

(Guest)

As you both have mutually agreed to part ways. It should not matter which story you tell to court, whether you lived together from day 1 or you just lived for 2 days together or did not live at all. Once married, you need to go for divorce only and both of your stories should match ditto. File for divorce under MCD and get it, file it after completion of 1 year as that is the minimum period court wants you to be together to file for divorce, so file MCD petition together in March of 2016. Congratulations, you will then be pronounced divorcee and divorcee.

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Anand Bali Adv. (Advocate Solicitor & Consultant) 03 November 2015

Dear Mr Rahul,

As per the Hindu Law you can move for divorce only after the expiry of the one year since your marriage and also in case of the Mutually consented Divorce petition the six month period is a cooling down period which is mandarory and can not be relaxed in any case in normal circumstances like of yours. It is better you wait till Feb and apply for the Mutually consented Divorce as though it looks like that it will take further six months to get granted a decree of Divorce but is the shortest and peaceful method of seperation from each other. To clerify the point of desertion as you have mentioned in your enquiry there must be at least two years of complete separation to invoke this point in the petition of divorce as if the basic cause of the petition.

You well can ask any further questions directly by sending me a Personal Message on this site or on advicelaw1@gmail.com

Anand Bali, Adv

prabhakar advocate (advocate) 03 November 2015

1. In your Mutual consent Divorce petition, which you file one year after your marriage, you both have to mention that since one year from the date of filing the petition both are living separately. No further proof is required.

2. Six months cooling period cannot be waived off.

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SAINATH DEVALLA (LEGAL CONSULTANT) 03 November 2015

Dear querist, act as per the advice and suggestions given by the two legal experts Adv Bali and Adv Prabhakar.That's the best solutiion for the query.