Divorce in only 6 months of marriage
veronica
(Querist) 24 June 2012
This query is : Resolved
Hi. I had a love marriage after knowing my husband for 4 years. We have just completed six months of our marriage. My husband and I have issues because of his mother and sister. They are really problematic people and have been troubling me and he is completely under their influence.so I suggested him to think about us for sometime and they have completely brainwashed him. Can he file a divorce case considering it is just six months of our marriage. If yes, then on what grounds. I want ot save our marriage so I suggested him that I am ready to take responsibility of your mother and we stay very close to his sister so I asked him to move from there. He refused to do so. His mother and sister want to control our life completely. Please gpsuggest..
Adv.R.P.Chugh
(Expert) 24 June 2012
Dear Veronica,
Yes Divorce can be filed within the first year itself on grounds of exceptional hardship and depravity. But considering the facts of the case I don't see any such circumstance that might allow presentation of petition within first year. Having said that, even if he files it a contested divorce is too difficult to get, and the court would make all efforts to salvage the marriage and attempt a reconcilliation.
Feel free to talk !
Nadeem Qureshi
(Expert) 24 June 2012
Dear Querist
if you are Hindu then section 14 of the Hindu marriage act strictly says that
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, 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.
(2) In disposing of any application under this section for leave to present a petition for divorce before the 1[ 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 1[ said one year].
Feel free to call
ajay sethi
(Expert) 24 June 2012
you should visit a marriage counsellor and work to save your marriage . it dosent make sense in filing for divorce now . generally courts are reluctant to entertain applications if one year has not passed since you got married .
if your husband files for divorce and you contest he wont get divorce easily . it may take years if you are in MUmbai
Guest
(Expert) 24 June 2012
He can file for divorce even before the completion of a year from the marriage on the ground of 'extreme hardship. To succeed in his divorce petition, he shall have to prove that your conduct towards him was extremely cruel, and resultantly he had to face 'extreme hardship'. He wouldn't get the divorce easily as extreme hardship is not made out in your case. In any case, if the court allows him to present the petition before a year, you can contest it.
SAINATH DEVALLA
(Expert) 25 June 2012
Dear Veronica,
4 years of blind love which has no boundaries and 6 months of marriage bounded by difference of opinions and irresponsible misunderstandings.Is this the way of life designed by the almighty.Seperation is not the ultimate solution for marriage,reconcialation is an antidote for survival.Hence try to be patient,both of you go for a family councelling and I feel everything will settle down.Goodluck
Saurabh Bajaj
(Expert) 26 June 2012
I Agree with Mr. Sainath Devalla Sir.
While in Love, life looks too simple to people. But when it comes to shouldering responsibilities, the real test starts.
When you decided to get married, and want to save your marriage, you also need to accept your husband's mother and sister, the same way you would accept your own mother and sister. This is the basic need of a successful marriage.
Even if court disallows your husband to divorce you, if circumstances dont improve, can u both live happily ??
Think about it and act accordingly. You need to do some self-analysis than visit a lawyer.
