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Milind Parkar (BPO)     03 April 2014

Mutual consent divorce

We are newly married(4 months ago) and now we have reached a stage that we feel that we are not made for each other.

Please advise if we can file a divorce within 4 months of marriage.




 5 Replies

laxmi kant joshi (instructor)     03 April 2014

Milind you cannot file mutual consent divorce within a year of your marriage . I suggest you don't think about divorce 4 months of marriage you both need some more time to understand and adjust with each other, breaking of marriage on small reason is not good for you both , tag of divorce will not leave you in your second marriage also think wisely .

Deepakraj G (Legal adviser)     03 April 2014

No petition for divorce can be filed withina year from the date of marriage. So you pls wait for the year and then proceed further. Then after 6 months you may get the final divorce.

Kapil Gupta (Advocate)     03 April 2014

Dear client, you cannot file the petition for divorce before the completion od one year from the date of marriage. You can file for the annulment of the marriage under section 12 of the Hindu Marriage Act.

Nadeem Qureshi (Advocate/     03 April 2014

Dear Querist

yes, you can file Mutual divorce petition within one year under section 13 B of Hindu marriage Act along with an application under section 14 of Hindu marriage act.

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[ 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 1[ 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, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 1[ expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 1[ expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

Gautam Kapoor (IT professional Studying Law)     03 April 2014

@Milind - Agree with Mr. Joshi. My point of view is you both still have a common point of view - not made for each other :) . Try to enhance, enlarge this point of view a bit further and think what made you  to get married in the first place and what is making you to make a departing decision.Try to go for counselling and see if you still can sort out issues - you still have 8-9 months time to make the BIG decision in your life.Pls remember a divorced tag is not going to hold good for either of the parties.God forbid, if the above still does not work out, apply for MCD after 1 year without any mud slinging. Please pass this message to your wife as well.

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