Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

kesavareddy (Software Consultant)     26 April 2011

Waiting Period to file for a Divorce?

My cousin (sister) got married in last June (2010).  Couple stayed together for around 3 weeks and left abroad after the wedding.  Later, they didnot get along and after multiple rounds of family counselling and discussions, she does not want to continue the relationship.

If she wants to file for a divorce, is it mandatory to wait for one year to complete?

Thanks.



Learning

 4 Replies

pratik (self working)     26 April 2011

Yes as per the hindu marriage act, 1955 he/she has to complusory wait for a perio of 1 year after the date of marriage.

Best Of Luck.

Tajobsindia (Senior Partner )     26 April 2011

@ Author

A tough que. to answer (remedy wise I mean)

Yes one can file provided "EXCEPTIONAL HARDSHIP" is proved by party filing it which is a tough pre-assumptive nut to convince but this is the latest Law.


However now it is almost end of April and by June many concerned Courts are closed and by the time plaint is prepared / attested on above merits it may be assumed that the desperate party may have crossed alomost 1 year so unless strong merits / grounds exists, advised to pass by few weeks more to press such suits before a concerned Court.

SandhyaSrinivas (Advocate)     26 April 2011

Yes, no divorce petition has to be filed within one year from the date of marriage.

If your cousin sister's case is one of the exceptional hardships or exceptional depravity. She can file a divorce petition within one year under sec - 13 ( specifying the grounds ) along with Interlocutory application under sec- 14 of Hindu Marriage Act,1955 seeking the permission of the court to file the divorce petition within one year.

If both the parties agree to dissolve marriage by divorce,that is mutual consent, they have to file together under sec - 13 B - Divorce by mutual consent, after one year from the date of marriage.


(Guest)

@kesavareddy

As taji said,"However now it is almost end of April and by June many concerned Courts are closed and by the time plaint is prepared / attested on above merits it may be assumed that the desperate party may have crossed alomost 1 year so unless strong merits / grounds exists, advised to pass by few weeks more to press such suits before a concerned Court."

Wait for vacation period.

If she wants to file for a divorce, is it mandatory to wait for one year to complete?

yes,wait for 1 year after the date of marriage,In  june 2011 After court starts file a Divorce case ,If both party agree than Only file Divorce by mutual consent ,you get decree within a very short time period.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Related Threads


Loading