divorce by mutual consent is best bet . if your husband is not willing to give you divorce it may take years . since you have 2 young children better try to save your marriage . visit a marriage counsellor . if situation dosent improve file for divorce . merely age difference is no ground for divorce . consult a local lawyer
Divorce against a marriage of 11 years and two kids
I have been married (hindu) at the age of 16 yrs in the year 2003 with a my husband who was 25 yrs old and after that had a baby girl in the year 2006 and baby boy in the year 2012 , now i would like to take divorce from my husband as from the initial days itself I am sure he is not right for me as we have 9 yrs age difference and mind set difference and all other factors. but i had to be in the relation because my parents threatened to give up their lifes if i did something to break this marriage. Now i am not able to live with it anymore . please advise. I would like to know the process for both mutual and individual
Asked 10 years ago in Family Law
Religion: Hindu
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4 Answers
Thanks Ajay , so even a marriage at the age of 16 cannot be appealed as a ground for divorce ?
Asked 10 years ago
the legal age for marriage of girl is 18 years . in such a case marriage would be viodable . such a marriage would “become valid if no steps are taken by such ‘child’ within the meaning of Section 2(a) of the Prohibition of Child Marriage Act, 2002, under Section 3 seeking declaration of this marriage as void
in your case you married as per your consent . even after attaining majority you did not move court within period of 2 years under section 3 of child marriage act to declare it void , unfortunately you cannot do so now after span of 7 years or so
Is your husband ready to divorce you? If he is ready then both of you can jointly apply to the court for divorce, and the court will terminate your marriage within 8 months. If he refuses to go for joint divorce then you can file for divorce on the grounds available to you under the law.
You were married when you were a child. The time limit within which you could have sought separation on the ground of being married as a child, is already over. Hence, you cannot invoke this ground now.
No court will give you divorce due to the age gap or the mindset differences between you and your husband. It will be in your interest to consult personally with a lawyer so that he can enlighten you with the grounds on which you may apply for divorce.