Hello Manjunath.
In a series of judgments, the Court on being satisfied on certain grounds have allowed for the marriage to dissolve before a lapse of an year being passed from the date of marriage. In such cases, divorce by mutual consent needs to be filed. An essential reason for exemption for filing a divorce by mutual consent prior to expiry of one year after the marriage that the plea for mutual consent is not under coercion/intimidation or undue influence and there are no chances of reconciliation and the parties have fully understood the impact and effect of the divorce by mutual consent, the continuance of such a marriage is bound to cause undue hardship to the spouses.
The other relevant considerations which may be considered for granting the exemption from passage of one year before filing a petition for divorce by mutual consent are:
(a) the maturity and the comprehension of the spouses;
(b) absence of coercion/intimidation/undue influence;
(c) the duration of the marriage sought to be dissolved;
(d) absence of any possibility of reconciliation;
(e) lack of frivolity;
(f) lack of misrepresentation or concealment;
(g) the age of the spouses and the deleterious effect of the continuance of a sterile marriage on the prospects of re-marriage of the parties.
A petition for divorce by mutual consent can be presented before the expiry of one (1) year of the marriage so long it is not under coercion or intimidation or undue influence, there are no chances of reconciliation and the parties have fully understood the impact and effect of the divorce by mutual consent with the continuation of marriage bound to cause undue hardship to the spouses.
–Regards,
Advocate Pooja;
www.lawkonect.com
