• Divorce within 10 days of marriage

My friend is recently married in a traditional way however she is not happy and want to divorce her husband within 10 days of marriage . How long it will take for divorce procedure.
Asked 7 years ago in Family Law
Religion: Hindu

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16 Answers

Well,divorce is not a child's play that it cna be obtained at the sweet will of the person.

Before the expiry of one year from the date of marriage no suit fir divorce -ether contested or mutual can be filed.

However of both the couple agree then they can file a suit for nullity on mutual consent and get a decree.This doe snot require to wait for one year.

For mutual divorce the time is not more than six months while for contested divorce suit there is no time limit .

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

Only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2) your friend can file fior divorce by mutual consent after staying separate for period of one year of marriage

3) MCD takes 6 months to be disposed of

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

Hi, the divorce petition cannot be filed before 6 months of marriage .. It is the minimum time period after which She can file for divorce

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Hello,

1) The fact is that her not being happy alone is not sufficient legal reason to seek divorce from a court of law. The only exception to this exceptional hardship that needs to be proved and the court uses its discretion to grant divorce.

She will have to wait for completion of one year of marriage to file for divorce.

S J Mathew
Advocate, Mumbai
3599 Answers
175 Consultations

Any of you can file sit for nullity for non consummation of marriage while the other will give consent to it.It doesn't take much time but wait for few months beofre filing.

Devajyoti Barman
Advocate, Kolkata
23300 Answers
520 Consultations

Court would grant you dovirce only after you file for divorce on expiry of one year of marriage

Best option is divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

For mutual consent divorce you have to stay separate for period of one year after marriage

Then for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
97332 Answers
7864 Consultations

She'll have to wait for an year before she could go for divorce. However, she may go for judicial separation, because to file that, she's not required to wait for a year .

Vibhanshu Srivastava
Advocate, Lucknow
9680 Answers
312 Consultations

Please bear in mind that the divorce case can not be filed within 1 year of the marriage.

Also you must keep in mind that before thinking to of separation, one should discuss the issue with elderly members of the family.

Divorce can only be filed after 1 year of marriage and if a mutual consent divorce is filed then there will be a 6 month cooling off period and then only the divorce will be filed.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

The above opinion has been rendered thinking that the mutual consent divorce is the best option for you, if however the divorce takes place.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

However divorce petition is not entertained by the court within one year of marriage unless there is and exceptional condition. You can file a petition before the family court under Section 12 of the Hindu Marriage Act to nullify your marriage. A marriage can be declared null and void on certain Grounds mentioned in section 12 and This petition is entertained by the court within one year of marriage. If there is fraud, suppression of material facts or partner is totally incompatible then you can go through section 12

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

The mutual consent divorce is also not maintainable within one year of marriage. The mutual consent divorce will take minimum 18 months to decide because there is two motions first motion starts after filing of the petition to the extent of 12 months. Second motion starts immediately after 12 months to another 6 months. These 18 months is necessary to be followed for the decree of divorce on mutual consent. Therefore it would be beneficial for you to go through section 12.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Dear Querist

The divorce petition can be filed by both the parties by way of mutual consent within one year of marriage too but have to file an application U/s 14 of Hindu marriage act and satisfied the court that there is a exceptional hardship to live with each other or continue with this marriage.

or

if the opposite party is ready to accept the impotency and due to impotency the marriage was not consummated then only the marriage can be annulled as per section 12 of Hindu Marriage Act-1955

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

For mutual consent divorce also the marriage should have been more than a year and they both should have lived separately away from each other for more than one year.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

How long and what is the procedure to get the divorce in minimum time.

As told earlier, they have to wait for the completion of one year from the date of marriage and they should have lived separately from each other for more than a year as on the date of presenting the petition seeking dissolution of marriage on the grounds of mutual consent before the court of law.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

However of both the couple agree then they can file a suit for nullity on mutual consent and get a decree. what is the procedure and what is the requirement and how long it will take?

The marriage cannot be annulled on mutual consent.

There is no provision to nullify the marriage on mutual consent grounds.

The reasons for annulment of marriage are given the section 12 of the HMA, other than there is no other reason under which any petition seeking annulment of marriage can be entertained by court of law.

T Kalaiselvan
Advocate, Vellore
87532 Answers
2349 Consultations

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