Divorce on ground of cruelty can be filed anytime but for mutual consent divorce 1 yr separation is mandatory.
Can I file a divorce if I have been living away from my husband since 9 months after marriage?
Dear Lawyers, Thank you for taking the time to read my question, wanted to understand whether I can file divorce if I have been married for 9 months since the time of my marriage I have never stayed with my husband and we have been living in two different countries after getting married in India , he promised me to stay together soon but all false promises as before marriage I had found out about his previous affair but do not have any proof in hand to provide in court. Now after so many days of mental torcher from the time of marriage till today there has been no major moves from my husband except for being sorry and he will make things work as this was a love marriage and nothing has worked out after marriage , how can I file a divorce ?
Asked 7 years ago in Family Law
Religion: Hindu
14 Answers
Only in exceptional circumstances can you file for divorce before expiry of one year of marriage
2) wait for expiry of one year then file for divorce on grounds of mental cruelty
3) seek interim maintenance from husband and alimony
If you cannot manage this marriage then it is good idea to move on and go for divorce but as you have not completed one year of marriage you have to wait another 3 month to complete your one year to file a divorce petition on the basis of desertion and cruelity as your husband is not able to keep you with him due to his relationships and compatibility.
At this moment if you want to go for divorce petition then you have to apply for permission of the court to file a divorce petition because of non completion of one year of marriage and divorce petition can be filed only when you get the permission in this regard
In case you wish to continue with this marriage then you have to file Restoration of conjugal rights under section 9 of Hindu Marriage Act and court will direct him to join the marriage and be together now.
this will give you way out to live in the marriage and if your husband does not respond to this petition then you have better ground to go for divorce petition.
Under Hindu Marriage Act, divorce can be sought from the Family Court under Section 13 of Hindu Marriage Act however the divorce petition is maintainable only after the expiry of ONE YEAR from the date of the marriage. But there is provision under Section 14 of the Act which empowered the Court to waive off this one year period under exceptional circumstances. The petitioner has to given some cogent reasons for waiving off this period. In case the petition is filed within one year from the date of the marriage, the court may dismiss it as not maintainable or may adjourned till date when one year period is going to expiry
Mam for filing divorce before one year of marriage in India you need to take permission of court which is time taking process and exceptional circumstances has to be proved before the court so wait for three months so wait for time to complete one year of marriage then you can file a divorce petition before the court on ground of cruelty and the cheating be husband before the family court.
Hello
For filing a divorce petition by mutual consent a min period of one year is necessary. If he is not ready for a mutual consent divorce then you can file a petition after completion of 1 year.
Regards
Thank you for the prompt response, as we are both living in different countries and cannot come to the court whenever required , can we get the paper work and signature done before and proceed to file after one year ? Do we have to do physical appearance in court in first hearing when our first petition is filed ?
Asked 7 years ago
You can do paper work at time of filing of divorce.
The divorce can be filed through a power of attorney no personal appearance except on evidence is required, your POA and lawyer can handle the case,
You can file for divorce by mutual consent
2) you can execute POA in favour of family member to attend court on you behalf
3) mutual consent divorce proceedings take around 6 months
4) your virtual presence through Skype is sufficient
Yes if required by the court otherwise your advocate can do the necessary work in the court if there is an agreement between both of you family court takes its procedure for conciliation but if you agree in reconciliation that you want divorce then find it will be awarded at least once or twice you have both have to appear before the court to get the final decision.
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1. Under Hindu Marriage Act a petition for divorce cannot be filed earlier than a year from the date of marriage except if it is a case of extreme hardship. On 9 out of 10 occasions the courts do not grant the leave to file it before a year.
2. You may file a petition for dissolution of marriage on the ground of cruelty after the marriage is a year old.
You can file divorce papers by issuing a general power of attorney na don that basis the proceedings will start. But you have to be present at the final hearing.
Regards
As per the procedure for divorce proceedings ...you have to appear at the end when the decree is being passed.youbcan appoint somebody giving them the power of attorney and he can appear on your behalf.
Regards
Let your marriage be an year old before you can approach the Court and file a divorce petition.
I will suggest you to apply for a mutual consent divorce, provided your spouse also longs for separation/
You can institute proceedings through a power of attorney holder.
However, the Court will/may insist for your appearance sooner or later
Dear Querist
Execute an agreement/MOU with all the terms and conditions and file the mutual consent divorce before the Family Court under section 13(B) of Hindu marriage act-1955.
if personal presence is not possible before the Court by both of you than you may file the divorce case through power of attorney holder and your personal presence will not be required.
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