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Rakesh Rout (Engineer)     06 April 2016

Mutual divorce

Dear all,

    one of my friend seeks and wants to file divorce from his wife within 1 year of marraige as they are staying separated now. can it possible for filing mutual divorce or only divorce from husband side within 1 year of marraige.

   Recently through concillation by Lok Adalat, wife denies to stay with her husband and ready to live alone without her husband. certified copy also available with husband. this concillation process was done through the application for restitution of conjugal life filed by Husband. Now they are fully separated since 2 months.

please suggest whether husband can apply divorce or mutual divorce by both before 1 year of marraige.

 

Thanks



Learning

 3 Replies

saravanan s (legal advisor)     06 April 2016

no divorce application whether mutual consent or contested can be made within one year of marriage

Sumanth Nookala (Lawyer)     08 April 2016

Which state is this?

Delhi High Court has held that Mutual Consent Petition can be filed with an application for waiver of one year requirement pleading exceptional circumstances. Sankalp Singh Case.

However wait period of six months after first motion is inevitable. Take ur chances by pleading exceptional circumstances.

Satya Dash Advocate Odisha Hig (Advocate at Odisha High Court Cuttack )     25 January 2020

Contact Mr Satya Swarup Dash Advocate Mobile 8917620458 .

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