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. Even couples that mutually agree to the divorce, however, must prove that they have been separated for a year before the courts consider their plea.
Only in exceptional circumstances can you file for divorce before expiry of one year of marriage.
Best option is to file for divorce by mutual consent. Mutual divorce 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.
But you have to stay separate for period of one year before filing for divorce by mutual consent.
Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.
Spouses should talk to each other about future course. If both spouses reach to a conclusion that marriage is not workable they should ease out the tension surrounding them and accept that their marriage has broken down. Forget the fear of society. Nobody knows situation better than husband and wife themselves; also impact on the children.
Also, you can talk to your parents calmly and cooling. Tell them about the problems you are facing. I am sure they will understand.
Decide who you want to talk to.
Pick a good time and place to talk.
Think about what you need.
Think of what you'll say.
Explain your situation. Give details that can help parents understand your situation. Explain what you think, feel, and want.
Be honest. If you're always honest, a parent will be likely to believe what you say. If you sometimes hide the truth or add too much drama, parents will have a harder time believing what you tell them. If you lie, they'll find it hard to trust you.
Try to understand their side. Telling parents you understand their side helps them be willing to see yours, too.
Try not to argue or whine. Use a tone that's friendly and respectful. That makes it more likely parents will listen and take what you say seriously. It also makes it more likely that they'll talk to you in the same way.
ADVOCATE ON RECORD
SUPREME COURT OF INDIA