Pariksheet (HR Associate) 07 June 2012

How long i need to wait before filing for a divorce

Hi,

I got maried last year and we got separted within only first month after marriage. Now I want to file for a divorce and my wife is asking a huge amount to get separated that I really cannot afford. It been almost 6 months now we are living separatly. T

Two questions: -

-- How long I need to wait after separation to file for a contested divorce?

-- My wife is threatening me that if I dont give her money, she will file for 498a case against me and my family, its been almost 6 months after separation now and fortunately she has not filed for it till now, so is there any time limit uptil when she can file a 498a case?

Thanks,

Reply Follow

3 Replies

Adv. Chandrasekhar (Advocate) 07 June 2012

One year after marriage one can file divorce petition, if there is available grounds.

Section 498-A does not have time limitation, but it can be presumed as three years from the date of offence on the premise that the punishment is for three years.