• Divorce before one year of marriage

My younger brother married in dec-2017.

Within year his wife not like to live with him and doing intentionally harresment to my brother.

By doing same she called her father to pick her from our home and ask for divorce.

We are not financially sound background. But we also carry forward this relationship.

How can we file for divorce with minimal time and minimal money drain.

Thanks Regards
Asked 7 years ago in Family Law
Religion: Hindu

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12 Answers

Hello,

Divorce can not be filed in any way before 1 year of marriage.

Later you can talk to the wife of your brother for mutual settlement and then can get the divorce.

The will be most convenient and cost effective.

Regards

Anilesh Tewari
Advocate, New Delhi
18091 Answers
377 Consultations

File for divorce on expiry of one year of marriage

2) divorce by mutual consent is best option

3) for divorce by mutual consent it is necessary that both parties stay separate for period of one year of marriage

4) mutual consent divorce takes 6 months

Ajay Sethi
Advocate, Mumbai
97648 Answers
7904 Consultations

You'll have to wait for a period of one year form the date of marriage, before you can file this divorce and as you've said that you wish to continue with this related, I'll advise you not to go for a divorce.

Rather, you must file a petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act before the Family Court. That's because your brother has been abandoned and deserted by his wife witholding any just and sufficient cause.

Vibhanshu Srivastava
Advocate, Lucknow
9696 Answers
312 Consultations

Respected sir ...

Your brother would be married in 2016 ...And yes of you want divorce from her you can file a divorce petition easily mentaniong all the thing you want or consider in a divorce ...So no need of worry what you brother do ...Show his income as less as you can ...And try that divorce should be done with mutual concent ...It will take less time as will as money ....

Thanku

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations
Niranjan
Advocate, Bangalore
844 Answers
9 Consultations

Hi,

File a divorce 13(1) HMA , if they are not agreeing over mutual consent divorce.

Mutual consent divorce is the best and fast way out.

Some amount have to be paid but do not worry court may order that amount depending over your financial situation.

Hope i am helpful.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

You can file the petition of divorce before the court of law alongwith mentioning of special circumstances because of which period of 1 year should be waive off by the court.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

Hi Mrs. X First of all I would like to broght your notice that as you have mentioned Dec 2017 date of your brother marriage but Dec yet to come. May be it's typical mistake. Let me kindly inform the date of separation. After that I will advice you. Thanks.

G. L. Soni
Advocate, New Delhi
93 Answers
3 Consultations

Hi, it is advisable to file for mutual divorce as it is very difficult to get contested divorce

Hemant Chaudhary
Advocate, Gurgaon
4631 Answers
67 Consultations

Dec 2017 is yet to commence.

Parkash Chand Bhardwaj
Advocate, Hamirpur
120 Answers

First of all divorce case cannot be filed within one year from the date of marriage.

After that also there has to be a strong reason and ground for divorce without which the divorce case may be dismissed.

There is no guaranteed time limit or fee can be predicted in the case before court.

The fee would be informed by the advocate but the time limit cannot be stipulated by the advocate nor anyone can predict the exact time as it involves many factors.

You can wait for completion of one year from the date of marriage to file divorce case but ensure yo have strong reasons for divorce.

T Kalaiselvan
Advocate, Vellore
87850 Answers
2366 Consultations

Dear Friend

A divorce is among the most traumatic occurences for any couple. To add to this, it can also be a long-winded and costly affair in India if the divorce is contested.

Your Brother have now two options availabe-

1. Divorce With Mutual Consent- When husband and wife both agree to a divorce, the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as maintenance and property rights could be agreed to mutually.

2. Divorce Without Mutual Consent- In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason.

Your Brother can file a divorce petition on the grounds of cruelty. Cruelty may be physical or mental cruelty. According to the Hindu Divorce Laws in India, if one spouse has a reasonable apprehension in the mind that the other spouse’s conduct is likely to be injurious or harmful, then there is sufficient ground for obtaining divorce due to cruelty by the spouse.

Every lawyer will charge your brother separately per appearance and for any consultation and paper work. A mutual consent divorce is likely cost anywhere from Rs. 5,000 to Rs. 50,000, depending on the complications of the case and the experience of the lawyer

Well it may take anything from a minimum of three hearings or 6 months to one year (Divorce with Mutual consent, where in a joint petition is filed by both husband and wife) to as long as 2 -10 years also or more.

I will suggest your brother to go for mutual divorce if possible and sort out the issue amicably.

If mutual divorce is not possible then your brother can certainly file contested divorce petition on the grounds of cruelty.

GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, Delhi
406 Answers
16 Consultations

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