Divorce on cruelty basis

Querist :
Anonymous
(Querist) 05 December 2011
This query is : Resolved
Dear Friends,
can I suit a divorce file in the ground of cruelty basis against my wife.
But I got married last June,2011.
If not then what is the solution ?
Shonee Kapoor
(Expert) 05 December 2011
No petition lies within ONE YEAR of marriage for divorce, however, if the same would cause exceptional hardship to the parties a seperate application u/s 14 of HMA may be preferred.
If the court accepts your exceptional hardships, the court may accept the application within ONE YEAR of the marriage.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
M.Sheik Mohammed Ali
(Expert) 05 December 2011
yes, you must atleaste one year separation thereafter you will get divorce, any way file a case.
ajay sethi
(Expert) 05 December 2011
you have hardly been married 5 months and you want a divorce. you have to stay separate atleast for a year then apply .
to prove cruelty is a hereculean task . work towards salvaging your marriage .
Devajyoti Barman
(Expert) 05 December 2011
One year is the rule and any time before that is exception.
V R SHROFF
(Expert) 06 December 2011
Shri Shonee Kapoor had guided you correctly.
Your burden to prove Cruelty is very very heavy, say next to impossible, being a husband,that too within 6 months.
Most probably, you have to wait till next June- July 2012.
prabhakar singh
(Expert) 06 December 2011
agree with Mr.Shonee Kapoor,Kuldeep whee are you??