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Sachin Sarkar (engineer)     23 February 2016

Mcd divorce

Sir

My marriage was done on 25.04.2015. Both of us want to apply for MCD because nothing remains in marriage.

Can we apply before 1 year.

Please guide and suggest

Sachin



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 6 Replies

P.Bashista (Advocate)     23 February 2016

Under the Hindu marriage law Section 14 says that no petition for divorce be presented within 1 year of marriage untill and unless you can show the Court that there is an exceptional hardship. 

If you have any such reason then you can try to file your petition alongwith an application under Section 14 but usually the Courts are very reluctant to allow this application as time and again the Hon'ble Supreme Court in its various judgements has increased its threshold. 

Also you need to know that if you are filing a mutual divorce petition then there is a mandate of seperation of 1 year before filing of the mutual divorce petition. So in your case if you need to keep that also in mind.

Vijay Raj Mahajan (Advocate)     23 February 2016

Nicely put forward by the previous advocate, but here there is a catch, Delhi High Court in one of its judgment allowed divorce by mutual consent ignoring the one year separation before filling for the petition for first motion that was even filed within one year of marriage.Attached herewith that judgment for your reference.


Attached File : 8784 20160223142812 418717067 dhc for mcd without 1 year separation.pdf downloaded: 123 times

Sachin Sarkar (engineer)     23 February 2016

Thanks Vijay Sir & P.Bashista for your reply.

What documents need to submit.

Do you know any good lawyer to help in this case at pune  location pl suggest.

P.Bashista (Advocate)     23 February 2016

Dear Vijay Sir,

Very well pointed by you with this judgment. I know about this judgment and as this judgment also specifically says that one has to satisfy the Court with the ingredients of the provisio of Section 14 to get the application allowed. So if one can make a case of exceptional hardship or exceptional depravity then he may succeed but even there after one year of seperation has to complete before filing of the second motion. But the present query doesnot disclose much of such facts so cant comment whether his case falls under the ambit of this judgment or not. In any case judgment put by you is an important judgment and may help others.

Dear Sachin,

 Papers generally required to be filed with the petition are- proof of marriage, ID of both the husband and wife and residence proof, photographs of both. Though the local lawyer in Pune would be the best person to tell you about the family Court Pune procedure and specific documents required. 

Sachin Sarkar (engineer)     23 February 2016

Mam

Incompatible to live with each other, so both of us decided to do with MCD. She not ready wait for that much period.

 

Thanks

Sachin Sarkar (engineer)     23 February 2016

Thanks for your reply Renuka mam


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