Divorce within 2 month of marriage with mutual consent
Querist :
Anonymous
(Querist) 09 June 2010
This query is : Resolved
My Freind has got married in May'2010 itself, he want to divorce his wife as soon as possible, his wife also ready to divorce,
so they want to apply in family court for DIVORCE with MUTUAL CONSENT.
Query- Is it possible to get Divorce withing 2-3 months if both the parties are agree on the same ?
Or is there any time limit?
If yes then is there any other option so that they can be separated and get remaried with others.
adv. rajeev ( rajoo )
(Expert) 09 June 2010
within 2-3 months your frnd will not get divorce, minimum 6 months he has to wait even both are agreed for the consent divorce. Except court no one can divorce the husband and wife even god cannot.
mahendrakumar
(Expert) 09 June 2010
my god,within two months,your friend is thinking of divorce?
is the issues are so grave that only remedy is divorce?
Kuljit Pal Singh
(Expert) 09 June 2010
Yes, if Court allow to do so but generally court give atleast 6 mths time for any possible reconsilliation.
Harshada Shukl Kulkarni
(Expert) 09 June 2010
Hi !
It's not possible for your friend to get divorce immediately after the marriage i.e. within a short span of 1 month only.
If your friend is Hindu by religion then as per Section 13B of the Hindu Marriage Act, they can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances.
However, apart from the professional opinion as a human being I would suggest you to try to reconcile the matter. Generally in our family courts also they are giving councelling to the couples so as to save their marriage. Being friend of one of the party you can act as mediator and after understanding the other side, if you can try and make them happy by resolving their disputes then it can be a lifetime satisfaction to you.
Parthasarathi Loganathan
(Expert) 09 June 2010
Please involve the elders in the family on either side to resolve the issue. If that could not materialize the desired results, they need to wait for a minimum period of 6 months for application of Divorce petition through legal formalities. In the mean time, the lady should never come in the family way. (or become pregnant)
Sukhija
(Expert) 27 June 2010
In may 2010 they had married then they shd live separately for One year then they can file petition for divorce and again after six months they will be granted divorce u/s13 B of HM ACT
If there is any fraud,misrepresentation before marriage then u can go for divorce on that ground for annullment of marriage at earlier stage.
Querist :
Anonymous
(Querist) 09 July 2010
Which those misrepresentation may be, as in this case there are two fraud cases--
1- Overian deciese, came to know after engagement but she convince me.
2- She used to have physical relationship her Boyfreind frequently in her past life(came to know on wedding night itself, she herself confessed).
are these 2 cases come under such misrepresentations before marriage ? plz tell me so that I can file for divorce at early stage.
