Mutual consent divorce within one year of marriage

u can file petion for mcd on 16-7-2013

u can file petion for mcd on 15-7-2013

"I have consulted 3 lawyers and none could answer me properly" 

Properly mean what?? They must hv  ans as per law, and yr expectation must be out of Legal Procedure.. 

Is marriage Registered?? what procedure adopted for marrage? vedic rites? Civil ? all that matters. 

Hi Saurabh,

just in case both the parties are ready for MCD and trust each other and if marriage was not registered so apply for MCD by claiming your marriage on back-date. Though legally it is wrong but there is no point in continuing a dead relation just for the sake of meeting paper work.

means u apply no for mcd 1st motion. 13B(1).

SHOW that your marriage in happen in jan 2012 and, you seprated by jan 31st 2012,, and now file mcd on 3rd feb 2013.

then u will get divorce on 3rd Aug 2013.

you could this by doing it 6 month before.. saying marriage done on june 2011,,

The problem is its a registered court wedding, I think i will have to wait till july 2013.:-(   any other option .....

Dear Querist

as per the Hindu marriage Act, 1955 section 14

14. No petition for divorce to be presented within three years of marriage.-

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, ¹[unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage:

Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented ²[before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the ³[expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the ⁴[expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.

(2) In disposing of any application under this section for leave to present a petition for divorce before the ⁵[expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 6[said one year].

Feel Free to Call

14. No petition for divorce to be presented within three years of marriage.- (1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, 1[unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented 2[before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the 3[expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the 4[expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed. (2) In disposing of any application under this section for leave to present a petition for divorce before the 5[expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the 6[said one year].

It could be filed within one year (Read the exception of Section 14 HMA as shown by ld. Mr.Nadeem) but advocate have to work hard and the judge should be having knowledge and patience to do the justice. The way provided by other persons like forged date, if caught, then both of you will definatly see the jail for forgery with the court and with heavy penalty. So beware from wrong shortcuts.

Good luck.

adv.kamal.grover@gmail.com

I am still thinking that you said you have 3 lawyer and they did not answer you the simple question.

Probably you are hiding something or that was not your query.