In a recent SC judgment, in case of severe mental agony, the mandatory waiting period was waived for divorce. Courts have discretion to waive depending upon the merits of the case. The order for judicial separation may not take more than three months.

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

2) you can file petition for judicial separation on any of grounds mentioned under HMA 

3) disposal of petition would depend upon pendency of cases in family court 

See judicial separation is on same grounds as divorce and the complete procedure is followed while passing a decree of judicial separation therefore it can take time of 2-3 years to complete the proceedings or more depending upon pendency in the court.

Hi, 

As per the Hindu Marriage Act, the case pertaining to matrimonial nature should be decided in 6 months but it takes more time due to case overloads on court and conduct of parties. In normal course, it takes more than 2 years in process of pleadings, evidence, arguments and then decision.

A divorce petition cannot be filed before 1 year. If you mutually agree to divorce each other the application can be filed if some urgency or any circumstance can be shown which satisfies the court that your divorce application can be accepted.

Also for judicial separation too it would take 2 3 months.

Regards 

Judicial separation also takes lot time. Grounds of cruelty need same scrutiny/examjnatio that requires in divorce case. 

The case for judicial separation does not have much merits though there is no harm in filing such case either.

The civil suit is contested takes some time and no time limit can be predicted .

In conservative estimation the time limit is not expected to be less than 2-3 years if your wife decides to contest this case.

filing can be done quickly. only the order may take couple of months

The proceedings would be similar to other proceedings and takes its own sweet time. In general and subject to adjournments it may take 1 to 1.6 years.

Regards 

G.Rajaganapathy 

In the given situation the judicial separation case is also another regular case. It will also undergo the same process of any other regular case, hence it may also take the same time or at least two to three years for disposal. 

judicial separation and divorce are similar, yet there are certain differences between them.   Judicial Separation does not terminate marriage whereas in divorce the parties are no more husband and wife and hence the marriage ends.judicial separation also take long time better file MCD. 

It will take at least 2-3 years for you to get a decree of judicial separation from court, if you are able to prove your case. The procedure adopted by the court in trying a case for judicial separation and divorce are exactly the same.

Dear client 

My suggestion is that you should go for annulment of marriage on basis of fraud or forcible marriage if proved your marriage can become null and void. 

But if you want to go for judicial separation the. It will take around two to four month to decide if your wife file objection for judicial separation and if she agrees and file no objection on the date she is summoned you can get decree of judicial separation on first hearing. 

1. As per the information mentioned in the present query, makes it clear that you have righty researched about the law of judicial separation.
2. Yes, you can file it even before the completion of one year of marriage as contemplated in the act.
3. It would be taking almost around 1 year to get separated or may be less than that also if the extra time has been waived off by the court of law as this is the discretion of the court to allow it or not.