Shreya Nath 13 December 2019

mutual divorce

Mujhe janna tha ki agar koi mutual divorce le raha hai or uska 1yr hua nhi hai. Par shadi k 2din baad hi wife ne bol dia hai uske sath rah nhi sakti.. 2months k baad woh chali gayi mom k ghar. To isme kya koi marriage date 1yr age karke divorce le sakta hai mutually.?? Due to wife ko kisi or se pyar hai. Uske sath rhna chahti hai. Plz help me..

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6 Replies

Adv Deepak Joshi +917017821512 (Advocate) 13 December 2019

approach highcourt for remedy

Shreya Nath 13 December 2019

I just want to know ye ho sakta hai ya nehi??

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Adv Vinay Mathur + 8447131770 (Advocate) 13 December 2019

if you want mutual divorce then parties must live separately for one year under hindu marriage act sec 13(B)1
and they can file simultaneously waiver of cooling period of six months under sec 13(B)2

Shreya Nath 13 December 2019

Mr. Vinay if some one wants divorce mutually before 1yrs. Than kya possible hai k koi 1yr marriage date age kar k divorce file kare???

Shubham Agrawal (Company Secretary and Lawyer) 13 December 2019

Hi,

Please read below sections as i think they are applicable in your case:

14. No petition for divorce to be presented within one year of marriage.- (1) Notwithstanding anything contained in this Act, it shall not be competent for any Court to entertain any petition for dissolution of marriage by a decree of divorce, 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 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 petitioner obtained leave to present the petition by any mis-representation 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 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 expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the expiration of one year from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the said one year.

15. Divorced persons. When may marry again.- When a marriage has been dissolved by a decree of divorce and either there is no right of appeal against the decree or, if there is such a right of appeal, the time for appealing has expired without an appeal having been presented, or an appeal has been presented but has been dismissed, it shall be lawful for either party to the marriage to marry again.