Min seperation period before divorce

Application for divorce if filed within a year from date of marriage, then permission of Court is required.

Six months period is only in case of divorce by mutual consent.

IF your marriage was solomenised as per Hindu Marriage act then no petition for divorce can be entertained within 1 year since the date of the marriage (unless the court permits in special circumstances). No seperation is required for counting the period of 1 year.

After filling of the petition the court try for the  reconciliation between the parties atleast once or twice.

Dear friends,

  In this context, Section 13 -  is for divorce application, if the separation period is  one or more than one  year. And  Section 14 , for divorce application can  file any time if there is hardship and harrassment as per Hindu Marriage Act.

Also  left with  to wrte from my side that  for querry of Sanish  that who are the cousellars ?  When either party comes for divorce petition in the family court, court gives counselling for both the parties.  The cousellers are appointed by the Family court and their qualification are Master in Social Welfare.  They are asking all history of the husband and wife and allowed them to talk each other privately if any understanding may arrived between husband and wife.  If cousellars write a progress report and if he hopes in the case he gives more opportunity to the husband and wife before the case proceed further for divorce.

I do agree with Mr. Perumal. He is absolutely right. For further details u can contact me at:-9871158578/09711364956

RAKHI BUDHIRAJA, Adv.

DELHI HIGH COURT

I do agree with Mr. Perumal. He is absolutely right. For further details u can contact me at:-9871158578/09711364956

RAKHI BUDHIRAJA, Adv.

DELHI HIGH COURT

The provision of waiting six months period is applicable in a case where divorce is being sought by both parties by a petition for Divorce by mutual consent under section 13B of HMA. It has no application in the present case.

Since the parties are contesting,a petition for divorce under section 13 of HMA can be filed by either party after a period of one year from the date of marriage has elapsed. It is not necessary that the husband and wife remain separately from each other during this period.

However in exceptional circumstances the court may allow either party to file the divorce petition before the said period of one year where the petitioner faces exceptional hardship or the actions of the respondent shows exceptional depravity.

For further clarifications, you can mail me at tsthaker@rediffmail.com

Best of Luck.

Dear Sir/Mam,

 I have married three months before and now we have confliction on phsical relation. so what is the minimum period to file a divorce case.

Please do the needful.\

Thanks in advance

Tom

Dear Tom,

Referring to above answers, once again shortly explained as below :-

Section 13 of HMA -   For applying divorce application only after completion of 1 yr from date of marriage.

Section 13B HMA -   Divorce can be sought mutually , where six months completed.

Section 14 HMA  -  Divorce can be sought on account of hardship and harrashment.

In your case you may sought  divorce after six month completion to marriage under 13B HMA but not before that.