Is it possible to get divorce with in 1 year of marriage

Thank in advance is no solution.

If you can convince the court  the extreme hardship, then only the court under its discretionary power allow the application for filing divorce within one year.

Under Hindu marriages, Adultery – The act of indulging in any kind of s*xual relationship including intercourse outside marriage is termed as adultery. Adultery is counted as a criminal offence and substantial proofs are required to establish it. An amendment to the law in 1976 states that one single act of adultery is enough for the petitioner to get a divorce.

Please find a miscellaneous application with mutual consent for divorce. Your Divorce Petition won’t be entertained; however, your MA might be kept by Judge aside for 4-6 months and both husband & wife may be sent for counselling. If both will again form a mutual consent and would be able to convince the Judge / Counsellor that “The marriage took place without taking consent from BOY & GIRL. Family members put immense pressure to tie the knot based on family ethics. Both are educated, major & can’t live together. They are undergoing hardship as they both want to marry someone else but are tied in this marriage unfortunately as Marriage cards were distributed everywhere.”

You have to make out a solid case in your favour. Both Husband & Wife should tell the same story to every Judge/Counsellor and then then have to pray.

Now days, court has realised that temperament of new generation is not good & due to egos many new couples are entering into these situations; hence, based on the Judge’s opinion & discretion he might allow you the divorce decree within 1 year from the date of marriage.

I appreciate Mr. Girish's lucid explanation.  That's the way how things move.  One lurking fact is that if you both say that force of parents led to this unfortunate nuptial tie, the judge may cogitate that why you haven't filed annulment petition, where time limit of one year is not there to dissolve the marriage in more honourable way.

The law is very clear that you cannot file a divorce petition within one year from the date of marriage.  The opinion of Mr. Girish may be a very rare and an extremely isolated case, wherein  there would have been substantial merits embedded in it. It is advisable to wait for one year period and then apply for  mutual consent divorce instead of running a risk and wasting time and energy on such unfruitful efforts.

Possible Act which may help : Hindu Marriage Act, 1955, Section 12

If is being decided that they want to leave each other, there is one way where they can go for marriage annulment. as per section 12. You need to create a proposal if any of the following sections are found to be valid in their case with evidence.

As you said they married under parental pressure.

The good thing about annulment is that the early you apply the strong representation it gets,

Rest you discuss with your lawyers or experts in LCI.

Originally posted by : Adv. Chandrasekhar
	I appreciate Mr. Girish's lucid explanation.  That's the way how things move.  One lurking fact is that if you both say that force of parents led to this unfortunate nuptial tie, the judge may cogitate that why you haven't filed annulment petition, where time limit of one year is not there to dissolve the marriage in more honourable way.

annulment petition, that sounds more effective than filling divorce

Simple and sure is annulment of marriage since even you apply and get divorce the liability of paying maintenance will be there like cancer.

I am not good with law, but just to clarify - Can they file for annulment  on the grounds of no cohabitation since marriage and forceful marriage both?

Though it is possible to get divorce before ONE YEAR, but the ground which you have stated is not enough for courts to grant the waiver, as there is no exceptional hardship.

Regards,

Raj - Do you have a iota of  thought of whaf you are speaking here.

did you read the query in its entiriety ?