Need urgent help on divorce

Go file divorce directly.  She will move out.

Contact lawyer.  Jot down all the troubles that she is giving, file divorce petition.  Even if it is just 6 months, an application can be filed wrt same along with divorce petition.

Dear Helping hand,

thnx for the promt reply,

Few of the experts are saying that completion of 1 year is mandatory for filing a divorce.

even if you file right now it will take some years to get divorce only satisfaction you will get that you have filed divorce petition

 

Originally posted by : vineet
	Dear Helping hand, thnx for the promt reply, Few of the experts are saying that completion of 1 year is mandatory for filing a divorce.

Divorce can be applied within one year of marriage provided that the petitioners can show that exceptional hardship will be caused to them if the petition is not accepted.

as per section 13 B of Hindu Marriage Act one year period of sepration from the date of marriage is required for the divorce by mutual consent. not one year from the date of marriage. however as per section 14(1) of the Hindu Marriage Act, the one year period of sepration can be waived in hard and exceptional circumctanses

13B.    Divorce by mutual consent

 

(1)       Subject to the provision of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together,whether such marriage was solemnized before or after the commencement of Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.

(2)       On the  motion of both the parties made not earlier  than six months after  the date of presentation of the petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being  satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has  been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree]

 

 

14        No petition for divorce to be presented within one year 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 1[before one year has elapsed] since the  date of marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of respondent, but if it appears to the court at the hearing of the  petition that the petition obtained leave to present the petition by any mis- representation 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 1[ expiry of one year] from the date of the  marriage or may dismiss the petition without prejudice to any petition which may be brought after1[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 1[ 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 1[said one year].

 

 

But still divorce is the last option, not even 6months of marriage, you better give it a try, try to make her understand, talk to her would also be my advice as I dont want you to jump from pan to the fireplace.

Unless, a case of exceptional hardship is made out and proved before the court, relief for divorce is not possible.

To prove exceptional hardship is tough , generally Courts are not entertain the hardship application , it is better to keep more patience 

Dear Experts,

 

I had a word with one local lawyer, i told my entire case write from the very first day,  he suggest me to launch a complaint against her as it may become an evidence in future that she is blackmailing me to commit a suicide and false case she will put on me i.e. dowry.

He also told me that i can put a case on the ground mental cruelity.

 

Kindly suggest me that above mentiones things are effective one

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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