nag (same) 02 February 2010

Divorce within three months of marriage?

My friend got married three months back. Now the girl is saying that she is having a boyriend and she is not willing to live with my friend. Parents from girl's are also not able to convince her. Now is she not ready to stay with my friend. . My friend wants to take to divorce from her, even the girl is also ready to give divorce.

1) Is it possble to get divorce in such situations even if it less than one year after marriage?

2) Whats the best way to get divorce within short period and not paying her any money. ( Girl is working).

3) If the divorce case gets dragged in the court there may be chance that her boyfriend may leave her at that time the girl can get reverse again i.e, she may say no for divorce. So whats should nm friend do to be on safer side.

Please advise steps to be followed in this conditions.

Reply Follow

4 Replies

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613) 02 February 2010

Yes your friend can file divorce by mutual consent. Your friend also has to file waiver petition seeking waiver of period (1 year) under section 14 of HMA.

1 Like

Alok Motan (Advocate) 02 February 2010

However, under peculiar set of circumstances one can go for annulment of marriage u/s 12 of HMA. A suit for obtaining the decree of nullity has to be filed within one year of marriage if it satisfied certain touchstones specified in the said section. You should go through the said section to ascertain whether facts in your case qualifies for obtaining relief under said provision.

BUT ACCORDING TO Section 14 of HMA reads as follows.

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 a 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 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 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.

Therefore Courts in exceptional cases can grant leave to file divorce application, before the expiration of one year.

Ranganathan.N (ADVOCATE) 02 February 2010

what Mr.Ramesh said is right.As per act you are entitled to file divorce within one year.No problem at all.There are previous judgenments of high courts .