Marriage Marriage

2 years ago

I want to take divorce from my husband what procedure I have to go through as it's only 2 months of marriage completed.

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
Mutual divorce along with application to waive off 6 months cooling period and another application under section 14 (2) of HMA Act.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.One cannot file divorce case unless a year has elapsed from the date of marriage hence you will have to wait for a year to pass by. Once the year has passed by then you can file the case in the family court or the district court.

You can read more about how to file divorce case in these blogs

https://www.vidhikarya.com/legal-blog/divorce-under-hindu-law

https://www.vidhikarya.com/legal-blog/how-to-get-divorce-in-india
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.Atleast one year separation period is essential in this regard. Until and unless that Divorce case is filed on Mutual Consent,you have to give sufficient ground/s in conformity with Section 13 of The Hindu Marriage Act, 1955 for filing the Matrimonial Suit before the Additional District Judge having jurisdiction to entertain the same and after service of the process of the Court,if your husband prefers to contest,then filing Written Statement the matter will be continued and that Additional District Judge will give both of you reasonable time for reconciliation but if that reconciliation process fails then the Divorce may be granted after following the judicial procedures and steps of Court which includes Issue framing, evidence by filing Affidavit of documents, Affidavits in Chief,Witness Examinations,Argument phase etc.
In case of Mutual consent Divorce after filing of the Matrimonial Suit by both parties,after six months the next date will be given for adducing evidence by both parties and if both the parties are willing to take divorce then the Divorce will be granted.
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Vidhi Samaadhaan Vidhi Samaadhaan

Pardeep Kumar Dhiman Dhiman

Responded 2 years ago

A.Abhi aap divorce ke liye nhi jaa sakte. Kyonki aap ki shadi ko kam time hua hai.
Kyon ki kanoon aap ko ek varsh se purav divorce petition dakhil karne ki permission nhi deta hai. Ek varsh se purav petition dakhil karne ke liye kuch aise circumstances hone chahiye jisko court accept kare.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 years ago

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A.Hi
In order to file a divorce petition you have to be married for atleast 1year and also you and your partner must be living seperately for one year.
Thank you
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Vidhi Samaadhaan Vidhi Samaadhaan

Vaidehi Samant

Responded 2 years ago

A.For filing divorce you will have to wait for one year from marriage, hence you can file for annulment of marriage if you can prove the no marital bond took place in between you and your husband from the time of marriage. The procedure and its legal effect is same as divorce. Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Ayantika Mondal @ Prime Legal

Responded 2 years ago

A.Hello
You cannot file a divorce after 2 months of marriage. You have to wait for at atleast one year to file a divorce case against your husband.
Thank you.
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