You can file for divorce on grounds of cruelty after the completion of 1 year of marriage. Before that, you cannot get a decree of divorce from court.

But, he can file for judicial separation if he does not want to continue the conjugal relationship with his wife at any cost.

See if the boy I.e. your friend has proof that he was pressurised for marriage by family and his consent was not there for marriage he can file for annulment of marriage in the family court. But in case there are no sufficient proof of marriage after completion of year of marriage either he has to take mutual divorce if the girl is ready if not then he has to file contested divorce on ground of cruelty and has to prove it. To file for divorce prior to one year of marriage the permission of court is required.

Further even if marriage is not registered it is valid as per Indian law.

1) husband  can file for anullment of marriage on grounds of coercion if husband was forced to marry against his wishes 

2) husband can file for divorce on expiry of one year of marriage 

1. The marriage does not seem to work at all and in that event it is not worthwhile to keep this marriage alive on paper only.

2. So first ask for mutual divorce and if her financial demands are met then she is likely to agree on your demand.

3. If not then you can file contested divorce suit in which decree may be passed on proof of allegations of mental cruelties and desertion. 

Dear Madam,

The following information may kindly may be read:

As per Section 13 B (1) of the Hindu marriage Act a divorce petition can be filed after one year of judicial separation. Again they have to undergo a waiting period of six months. Recently Supreme Court held that this six month period is not mandatory.

But in extreme hardship cases divorce can be filed even after one week from marriage and this extreme hardship has to be argued specifically.

Atleast after one year however petition for annulment can be filed at any time

There is no specific time mentioned to be observed between marriage and filing of the divorce. The moment one finds that he/she is trapped in a toxic marriage can immediately file for a divorce with the help of a divorce consultant

The divorce can be mutual, or a contested divorce, but if it is happening within a very short period the court takes certain measure to prevent a marriage from being falling apart unless the reason of divorce is one of the following reasons:

• 
  Cruelty:If one of the parties are subjected to cruelty, and charges under Sec. 498A or Domestic Violence Act is involved, the court morally does not ask the spouse who is tortured to undergo any negotiation and reconcile the marriage.
• 
  Non-voluntary Consent:If the ground of divorce is that either of the party or both the parties have been forced, misrepresented or been under fraud to obtain the consent for marriage, then the parties are not put under any cool-down period by the court.
• 
  Chronic disease:If either of the spouses is suffering from a chronic disease, the court understands that it shall be injustice on the other spouse not to passing the order of divorce, therefore, it does not try much on negotiation or reconciliation.

Dear Client,

Even if she agrees for divorce, it will take at least 2 years to get divorce mutually. And he files divorce on the ground of force marriage, than years will take and no surety if court will grant divorce.

Was this marriage solemnized in social gathering or a private affair with limited people ? Non registration of marriage dose not effect it`s validity.

So, keep convincing them as no provision for immediate divorce in India.

First of all the collect all the papers to prove the solemnization of the marriage and best way is to file divorce proceedings to get the better result otherwise this will b e too late.

Hello,

if marriage has been solemnized as per hindu rituals then the same is a valid marriage. Divorce can only be filed after one year of marriage. He may go ahead and file the case.

regards

He can file a contested divorced in court.  If the same marriage was forcible then he can file annulment instead of divorce in family court. 

1.The stand taken by your friend Gaurav, who stays in Ireland,  that he was fpressurised to marry her which he had told her before the marriage will not be accepted by the Court in India.

2. The ground shown that his wife does not take care of him (when he stays in Ireland)  and asks fopr money  will not be an acceptable ground to seek decree of divoprce.

3. Gaurav can file a divorce suit in India after completion of one year of marriage  on acceptable ground like cruelty  submitting evidence in suppodt of his allegation.

4. It will be prudent on his part to negotiate with his wife to jointly file a mutual consent divorce petition on agreed terms after completion of one year of marriage which will be decided within 6 & 1/2 months after filing the same. 

If both spouse are ready for divorce then 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.

if wife is not ready to give divorce to your friend he can file divorce after completing one year of marriage on any grounds of divorce like creulty or mental creulty, adultery etc

Dear Querist

if there is any proof of force committed for the solemnization of that marriage than a petition for annulment can be filed before the Family Court under section 12 of Hindu Marriage Act-1955 and claim for annulment of this marriage, but husband has to prove it that this marriage was solemnized due to force or pressure.

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Once their marriage was solemnised as per law then there is no necessity to prove their marriage by a marriage certificate only.

Since their marriage was performed agaisnt his willingness, he may state that he was forced into this marriage against his willingness.

Therefore he can file an annulment petition to annul the marriage but it should be filed within one year from the date of marriage.

He can file a divorce case on the grounds of cruelty only after completion of one year of their marriage.

Since he has no strong grounds for divorce, he may try to convince her to agree for mutual consent divorce after completion of one year of their marriage, let him remain separated from her until then.

Dear client 

Your friend can go for nullity of marraige under section 12 of Hindu marraige act on basis of marriage under pressure and fraud or if possible concealment of facts. But this petition should be filed ASAP so that there would be no problem as delay will lower his chances for annulment of marraige.

1. As per the information mentioned in the present query, makes it clear he doesn’t want to live life further with his wife.
2. Actually, there in nothing for the time been on which by taking as a ground your friend can file a case for divorce.
3. Specially, he cannot go for the mutual one as his wife will never get agree to it.
4. And if the marriage was solemnised by following the rituals of any religion then there is no need/ mandate (even if it is mandatory in any specific state) to have registration of the same in accordance with law.
5. You friend have to wait for at least one year and then he may be able to file divorce petition on some other ground, but not for mutually.