• Divorce

Hi i got married 2 months back forcefully and I'm in love with a guy from 3 years. I can't accept anyone else that my guy. I want to file divorce and I don't want any thing from the person whom I got married forcefully I just want divorce as early as possible. Please help me how I should go ahead to get divorce early since I married just 2 months back. 
Please help me please...
Asked 6 years ago in Family Law
Religion: Hindu

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23 Answers

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

 

2) you can file for anullment of marriage on grounds that you were forced to marry against your wishes 

 

3) file for anullment of marriage within period of one year of marriage 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Consent of marriage obtained by force is voidable marriage and can be annulled by a decree
of nullity by court.

File petition without delay.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

contested divorce cases take 5 years to be disposed of 

 

if your husband contests anullment proceedings it may take years to be disposed of 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Well, it will not affect anyone. Go for annulment and you will be helping him and not affecting your family.

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

you would have to make allegations that your parents forced to marry you against your wishes 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Non will be effected. All you need to prove forced marriage, court will pass decree. No order agasint family. But make sure that other guy is waiting for you and wants to marry you.

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

And it's a good decision that you have come forward not wanting anything.

But there's one thing you haven't mentioned, if you have told your husband about this and is he fine with it.

If possible get it touch with me. Visit my website for my details

Advocate.Sandeep-Prakash.com

Sandeep Prakash
Advocate, Bangalore
308 Answers
2 Consultations

Dear Madam,

A couple can seek Divorce by Mutual Consent or any one of them can seek a Contested Divorce against the other, only after 1 year from the date of marriage. ... As per Section 13 B (1) of the Hindu marriage Act a divorce petition can be filed after one year of judicial separation.

You can file for divorce in India only after one year of marriage and not before that. After one year, you can go for mutually consented divorce.

 

 

Filing a divorce petition mutually makes divorce less stressful by saving time, effort and money. By avoiding long litigation, couples can move on with their lives just after six months of filing for divorce.

In mutual divorce, the husband and wife settle the financial separation aspects on terms that are acceptable to both. The mode and details of the settlement are in their own hands. A divorce settlement can include any or no asset and money. In the court, the partners just have to reaffirm the agreement

 

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Divorce can be filed only after this marriage becomes one year old.

Better that you file a petition for annulment of this marriage, since this was forced upon you. 

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

1. Obtaining divorce is not possible without one year separation. However, as per your narration, you were forced to marry. In that case you can file for Annulment of Marriage for which there is no precondition of one year separation period. You can apply right now for Annulment of Marriage if one of the conditions detailed below are satisfied.

2. 

(1). Bigamy

(2). Forced Consent

(3). Fraud

(4). Marriage prohibited by law

(5)  Mental illness/incapacity

(6) Impotent

(7). Underage marriage.

Shashidhar S. Sastry
Advocate, Bangalore
5642 Answers
339 Consultations

File for annulment of marriage on ground that you were married by force and your consent for mariage was not.there other side will favour you and marriage shall be annulled.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Annulment is better option in this case for divorce before 1 year of marriage or after that allegations against husband are needed.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It will not be trouble just the marriage will be annulled.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Respected mam... 

The best way for you is to let him know about your wishes and file petition under section 13-B of HMA and that is the best option you have that will save your time too.. And image of both the family members will be safe... 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

In this case a divorce petition in the family court should be filed stating that you want to divorce each other and are ready. Divorce by mutual consent decree will take 6 months and it can only be filed after 1 year of marriage.

Regards 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

You an go for annulment of marriage on grounds of your parents forcefully marrying you but you dont want to involve families and hence..

 

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

The Petition for Divorce can be filed after 1 year of Marriage by both the parties either by Mutual Consent or under the various provisions mentioned in the Hindu Marriage Act, 1955.

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

If it's forceful marriage you can go for annulment. For divorce you need 1 year separation

Prashant Nayak
Advocate, Mumbai
34753 Answers
252 Consultations

Dear Madam,

You can get divorce if you intelligently act. You must establish that there is no consummation of marriage and the marriage happened forcibly.

Kishan Dutt Kalaskar
Advocate, Bangalore
6250 Answers
502 Consultations

You cannot file divorce case within one year from date of marriage.

Since the marriage was against your willingness you may file a petition seeking annulment of marriage on the same grounds.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Since you have to wait for one year after your marriage for filing divorce case you may consult an advocate and file an annulment petition.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

If you want relief you have to hold your parents response for this debacle unless you cannot get the desired relief.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

Dear

You cannot file divorce before completion of 1 year of marriage. 

But as you have married that person under pressure of your parents you can file a petition Under section 12 of Hindu Marriage Act for annulment of marriage. To declare this marriage Null and void through decree of nullity. 

This petition will not affect your family in any way as you are not filing criminal case against your family it is just a petition to declare your marriage null and void. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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