Divorce - I feel uncomfortable to follow their family norms
2 weeks ago
I'm newly married my marriage has completed 1month I want to walk out of this marriage due different in their thoughts and having argument and misunderstanding. I feel uncomfortable to follow their family norms. And I have no physical attraction towards him.
A.Dear client, one cannot file for divorce within 1 year of the marriage. After that you can claim divroce of mutual consent under section 13B of the Hindu Marriage Act, 1955, if you are not living together for 1 year.
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A.Dear Client,
In the given scenario, if it is possible, you can opt for mutual consent divorce to get yourself relieved from all these trauma and ordeal, Section 14 of the Hindu Marriage Act, 1955 states that no one is allowed to file for divorce within one year of their marriage. The Hindu Marriage Act, 1955 enshrines the right to divorce by way of mutual consent under Section 13B of the Act. As per Section 13-B(1) of the Act, a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to marriage together, on the ground that they have been living separately for 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. Section 13B(1) read with Section 13B(2) of the Hindu Marriage Act, 1955 envisages a waiting period of 1 year /12 months from the date of separation to move a first motion application seeking a decree of divorce by mutual consent (First Motion Application) and thereafter, wait for 6 months to move the second motion. The presence of both parties at the time of the first motion and the second motion is mandatory and there is no exception to that. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six-month term if all the mandatory requirements are sufficient. If the divorce petition is not withdrawn within 18 months, the court passes a decree of divorce. Whereas a Contested divorce is more complex and time-consuming that takes 3 to 5 years for the final decision of the court. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
In the given scenario, if it is possible, you can opt for mutual consent divorce to get yourself relieved from all these trauma and ordeal, Section 14 of the Hindu Marriage Act, 1955 states that no one is allowed to file for divorce within one year of their marriage. The Hindu Marriage Act, 1955 enshrines the right to divorce by way of mutual consent under Section 13B of the Act. As per Section 13-B(1) of the Act, a petition for dissolution of marriage by a decree of divorce may be presented to the District Court by both the parties to marriage together, on the ground that they have been living separately for 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. Section 13B(1) read with Section 13B(2) of the Hindu Marriage Act, 1955 envisages a waiting period of 1 year /12 months from the date of separation to move a first motion application seeking a decree of divorce by mutual consent (First Motion Application) and thereafter, wait for 6 months to move the second motion. The presence of both parties at the time of the first motion and the second motion is mandatory and there is no exception to that. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six-month term if all the mandatory requirements are sufficient. If the divorce petition is not withdrawn within 18 months, the court passes a decree of divorce. Whereas a Contested divorce is more complex and time-consuming that takes 3 to 5 years for the final decision of the court. It is always recommended to consult an expert divorce lawyer to get the right legal advice before filing a contested divorce petition.
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