• Regarding divorce

Hi, I am in critical situation after 1 and half month marriage..after marriage my wife is telling I am not interested in this marriage because of my parents force I accepted this offer. Only 2 days she stays in my home only. After this she started staying in her sister house..now both side aggred to separte what is best way get divorce within short time
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

1) monly in exceptional circumstances can you file for divorce within period of one year of marriage

2) if your wife was forced to marry against her wishes she can file for annullment of marriage under provisions of section 12 of hindu marriage act

3) if you dont contest the proceedings court would pass orders for anullment of your marriage

4) in alternative wait for expiry of one year from date of marriage and file for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. When your wife does not want to lead married life with you then it is better to part ways amicably.

2. In that event the most expeditious ans smooth way to dissolve the marriage amicably is to file mutual divorce petition.

3. Mutual divorce can happen if both of you agree for it. After six months form the date of filing the case the court grants divorce if both of you again give consent for it before the judge.

4. So proceed with it and file a mutual divorce petition.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22921 Answers
498 Consultations

5.0 on 5.0

Dear Concerned,

Technically you can not file divorce within 1 year of marriage , the only option left is filing for Annulment of marriage under section 12 of Hindu Marriage Act . As both of you have agreed to dissolve this marriage - you may choose to pick any option from the below mutually to file for annulment .

Please visit the detailed Section 12 of HMA

Best of Luck

Atulay Nehra
Advocate, Noida
1309 Answers
58 Consultations

5.0 on 5.0

1. For availing the decree divorce, even on the ground of mutual consent, both of you shall have to wait for one year from the date of your marriage.

2. The earliest way to get out of the said matrimonial relationship at the earliest is to file a annulment petition alleging that your consent for the marriage was taken by suppressing the vital facts i.e your wife was jnot interested to marry though it was not made known to her parents by your wife.

3. You should take the stand that had the fact been made known to you that your prospective bride is not interested to marry you and was forced by her parents to sit for the marriage, you would not have agreed to marry her for which your marriage has not been consummated yet.

4. After getting the notice for the annulment petition, if your wife does not appear for the Court hearing, you will get ex-parte decree of annulment of your marriage.

5. In the above case it will be considered as not married and not as divorced after marriage.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

No divorce will be granted for a minimum period of one year from the date of marriage. According to Hindu Marriage Act after one from the date marriage only divorce can be applied. After one year of marriage you can apply divorce on mutual consent and it is the best way to get the divorce. Before filing divorce, better to enter into a Memorandum of Compromise with all terms and conditions viz., permanent alimony, maintenance and not to claims properties of each other.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

The hassle free remedy is to file for mutual consent divorce which takes only 6 months to conclude, but a petition for divorce cannot be filed earlier than a year from the date of marriage. The alternative to this is for your wife to file a petition for annulment of marriage on the ground that her consent to marriage was obtained under coercion.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If she agrees that she has been forced into this unwilling marriage and wants to quit this relationship, she may fil a petition to annul the marriage on the same grounds.

If you agree and accept his then you may either remain silent after receiving the summons or can file a memo to accept her petition without an objection to it after which the marriage can be annulled by a decree of nullity.

You can take the advise of an advocate in the local and proceed.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

MOD exceptional case is advisable in the matter.

Lakshmi Kanth
Advocate, Hyderabad
446 Answers
15 Consultations

4.7 on 5.0

1) it is true that it is difficult to prove that wife was forced to marry against her wishes

2) if she had filed any police complaint regarding being forehead to marry against her wishes it will help her in making out a case

3) wait for expiry of one year and file for divorce by mutual consent

Ajay Sethi
Advocate, Mumbai
95221 Answers
7612 Consultations

5.0 on 5.0

1. You shall have to apply for annulment of your marriage which she will not attend and in that case she will remain absent for which you shall get the ex-parte decree of annulment.

2. The above short cut method was suggested to avoid the mandatory period of completion of one year from the date of marriage for filing any type of divorce petition including mutual Consent divorce Petition (MCD).

3. During the hearing of the annulment petition no further wittness will be required.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

The petitioner can file a petition pleading that the marriage was forced on her agaisnt her willingness and wishes, this should be contested by you to prove it is wrong, hence if you dont have any objection to it then the court will decide to nullify the marriage and pass a decree of nullity.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

Local lawyer saying it's difficult to prove void marriage ...we need witnesses..only her petition is fine to prove void marriage or we need to further witnesses ...? MOD exceptional case is fine. Which one best?

If the girl states on affidavit that the marriage was forced on hr agaisnt her wishes, then it can be considered as void marriage.

Especially if you dont object to this and admit the petition by filing a memo, th court may annul the marriage by a decree of nullity.

T Kalaiselvan
Advocate, Vellore
85422 Answers
2239 Consultations

5.0 on 5.0

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