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Is it possible to get divorce within year-urgent

Hi All,

My wife filed 498a & DP 3 & 4 on me and later my father in law filed sec 164 on my parents to add their names to 498a and submitted at magistrate court. Me and my parents went to police station and released on regular bail. In between our elders involved settled the matter for Divorce. this month we have to pay 8 lakhs to my wife for settlement. On that day we are going to file Divorce petition.


Which is the best way to pay amount to girl? Through check or joint account?



Marriage happened on Dec’12, but we are going to file divorce petition this month 20th Nov 2013. Is that valid? As per law we have to complete one year marriage but our elders decided next month. Is it possible to get divorce if we file divorce petition within one year?



At the time of filling divorce petition, what precautions we have to take?



Is it possible to get divorce within one year? If so how many days it will take to get Divorce?


Thanks for your time and quick response.


 8 Replies

gautam (not disclosed)     02 November 2013

better file divorce petition after completion of an year,

you have to pay demand draft to the girl in front of the court and the terms and conditions should clearly mention that there would be no claims made by the woman in future (ie she relinuishes the right to claim in future any maintenance amount)

joint account should be dissolved when going in for divorce.

Kapil Chandna (Lawyer at Supreme Court of India)     02 November 2013


There is a minimum period which is 1 year before you seek divorce, but yes in case of exceptional hardship being caused to the party then one it will be allowed, please read section 14 of Hindu Marriage Act, 1955 in this regard......

So far as payment is concerned demand draft is the best way and please get the same recorded in order sheet qua a settlement deed duly signed by both.

Advocate Kapil Chandna


I love my parents (law)     02 November 2013

pls reply i need help for my friend

T. Kalaiselvan, Advocate (Advocate)     02 November 2013

A divorce petition under mutual consent will be decided in a period of six months, i.e on the second motion. If at all you have agreed to settle one time quit amount, record the same in the petition also and while doing so, please mention that half the amount to be settled vide DD No. xvxvx on the date of filing of the case and the balance amount by DD on the date of decree, this will be a very safe arrangement.  Please make sure to add in your petition that she agreed to withdraw the false cases of cruelty and dowry harassment against you before the completion of this divorce case so that in case she dodges or evades to withdraw the said criminal cases, you will be put to more pressures and problems later on, hence take a cautionary step.  As you had waited so long, why dont you wait for one more month and file the MCD case.

Narendra Malik (advocate)     02 November 2013

file petition after one year of marriage for mutual divorce it will be decided after 6 months to 18 months of filing petition. You can mention about one time payment in the same  petition.


Hi All, Our elders are decided on 20.11.2013 to file divorce petition.Please advise me how many days it will take to get divorce. Thanks for quick response.

Ark (Learner)     04 November 2013

I believe u should NOT file unless it is mutual consent. U may loose your ground on already filed 498a, DV etc by o.p. Read out ur FIR, plaint of DV again n again then u should think of filing divorce.


Hi All, We both are agreed to file divorce petition on 20.11.2013. My wife's elders are waiting for settlement amount and once we arrange that amount on 20.11.2013 that day, we both are going to file divorce petition. at the time of discussion, they written in one paper and am going to arrange settilement amount on 20.11.2013 and we both are going to file divorce petition. In that paper they mentioned I have taken 6lakhs dowry and on 20.11.2013 I have to give 7.5lakhs for settlement. which is the best way to give the amount to them me or my father. which is the safe to give me or my father? In that paper ,they mentioned I will give that amount on 20.11.2013. Please advise.I am more tension on this.

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