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Shweta (Lawyer)     22 December 2016

Divorce within 4 months

Hi All

My marriage is hardly 4 months old. We are not happy in our marriage and we are living sperately since 4th day of our marriage. Can we apply for divorce. It will be divorce by mutual consent as we both have agreed to seperate mutually.Can we apply for divorce within 4 months. Please reply.

Regards

 

 



Learning

 7 Replies

Sachin (N.A)     22 December 2016

Divorce before one year may not be possible but you may file joint petition for annulment of marriage on the ground "the consent to the marriage was based on force"

 

Hope it helps.

Shweta (Lawyer)     22 December 2016

Thankyou. But If i say that i was forced into the marriage, will the judge be compelled to pronounce divorce. Any Supreme Court Rulings?

Regards

 

Sachin (N.A)     22 December 2016

Yes , Section 12 in The Hindu Marriage Act, 1955 deals with voidable marriage

12 Voidable marriages .—(1)

(c) that the consent of the petitioner, or where the consent of the guardian in marriage of the petitioner  was obtained by force 

 


(Guest)

Wait for completion of 1 year.

Then file MCD.  Under 13b HMA 1955.

A walk alone (-)     22 December 2016

Best option after one year go MCD.

Shweta (Lawyer)     26 December 2016

Thanku every1. Have a query as 1 year is too long a wait. If we file for Divorce with MC after 6 months, the court will give us mandatory 6 months waiting period. Hence after 6 months we would technically be completing a year. Can we get a divorce then.

Sachin (N.A)     26 December 2016

After living 1 year seprately you both can file MCD then court will grant you six month cooling period. Only SC can waive off six month cooling period.


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