It is not necessary to be in same home during 1 year separation. You can file for separation in court if you need and be separated from the wife. After a year you can file divorce in the family court. Only during separation period you can't have physical intimacy with your wife.

As per Hindu Marriage Act it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, unless at the date of the presentation of the petition one year has elapsed since the date of the marriage. So whatever advise has been given to him is correct. But, if you present an application before the Court and plead or prove exceptional hardship or exceptional depravity then such bar can be removed. In facts given by you there is no such exceptional hardship or exceptional depravity. So, the Court won't allow the divorce petition before lapse of one year from the date of marriage.

To apply for a divorce, he needs to wait till the time this marriage becomes 1 year old.

However, if your brother wishes to apply for judicial separation, he may approach the Court immediately and there's no waiting.

I will advise him to apply for judicial separation and thereupon start residing separately, if he wishes so.

Hello,

A divorce case can only be filed after 1 year of the marriage and not before it. This time has been provided in the Hindu Marriage Act and the same can not be changed.

There is no other process on the basis of which both of them can separate, also separation otherwise can take place by filing a case for annulment but there is no ground for the same in the present case.

Regards

The divorce will be filed on the ground of mental cruelty, and the same will be contested by her if she is not ready to separate.

the same will take about 2 years to get decided. In the mean while the wife can claim maintenance and residential rights.

Regards

only in exceptional circumstances can you file for divorce before expiry of one year of marriage

2)you can file for divorce on expiry of one year of marriage on grounds of mental cruelty

3)wife abusing husband amounts to mental cruelty

4) wife accusing husband of having extra marital affair amounts to mental cruelty

5) wife making incessant calls when husband is at work amounts to mental cruelty

6) it is not necessary for husband to stay separate before filing for divorce on grounds of mental cruelty

if wife refuses to agree for separation or divorce husband can file for divorce on rounds of mental cruelty

Ill treating your spouse ,denial of sex amount to cruelty and a petition for divorce on the grounds of cruelty can be preferred in court.

It is imperative that the period of one year, from the date of marriage has elapsed before any petition for divorce can be filed in court.

If both husband and wife want to dissolve a marriage and there is clarity with respect to contentious issues like alimony,a divorce by mutual consent can be filed in court .This is by far the least inconvenient way of dissolving a marriage .

Apply for a judicial separation by making an application under section 10 of the Hindu Marriage Act before the Family Court.

In case the wife is not willing for separation, the husband will have to contest the judicial separation case against her.

In case, if she doesn’t get agreed on the separation then I ll advice your friend to prove that after 6 months also they have not intimated even for one though would be very difficult to prove this.

Or can file case of divorce on the ground of metal cruelty.

He need not be under the same roof, and if it is proved that both resided separate, then it is enough to file a petition under cruelty. If she is inclined to mutually separate, wait for an year and file mutual separation petition. In exceptional situation, divorce petition can be filed even before one year if exceptional situation of cruelty is made out. It depends on facts and circumstances of each case.

There is no force or compulsion on him to live with her together in the same house, if he is not able to tolerate her tortures and would feel insecure, he can very well start living separately away from her.

He can even file a petition seeking annulment of his marriage with her if their marriage has not been consummated.

You have mentioned that they were married on 11 Oct 2017 and ther was no sexual relationship between them from that date till this date, it clearly indicates that the marriage was not consummated.

He can cite her impotence as a reason for non-consummation, but your own statement contradicts .

You have mentioned in one place that she is forcing him for sex even if he is ill.

Therefore you clear all the doubts and revert with queries having proper details if you would like to have a proper opinion to move ahead on this problem/crisis.

can I request you to give more info on the separation process before going for filing the divorce in the court?

What happens incase does not agree for separation?

Judicial separation can be filed under section 10 of HMA, 1955.

But he has to give strong reasons for such a decision, the reasons stated in your query are insufficient or not strong enough, because they are trivial issues, especially in the initial stage of marriage, such naggings are common in every household, therefore even if he fights for judicial separation for years, he may not get one on such frail and petty reasons.