• How to get separated?

I married a boy on 27th april 2018 and we took our marriage certificate on 25th august 2018. But now i want to get separated as we haven't lived for a sibgle day after marriage. So how can i get separated?
Asked 5 years ago in Family Law
Religion: Hindu

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16 Answers

Hello 

you can file for divorce only after 1 year of the marriage. You may decide to separate and live alone and later file divorce after 1 year of marriage.

 

regards

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

To.gey separated you need to file for divorce against the husband see if he is agreeing too for divorce you both can go for mutual divorce if he doesn't agree.for mutual consent then you have to file a contested divorce on ground of cruelty or other grounds as mentioned under hindu marriage act.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

q1. You can file a suit for divorce either contested or mutual only after one year from the date of marriage .

2. Since you married on 27.4.2018 , one year has already expired and hence you can file MCD petition now if both of you so agree.

3. So mention all the terms of settlement as agreed by both of you.

Devajyoti Barman
Advocate, Kolkata
22854 Answers
492 Consultations

5.0 on 5.0

You need to show one year then you can take divorce.  You can take judicial separation before it anytime through court

Prashant Nayak
Advocate, Mumbai
32031 Answers
183 Consultations

4.1 on 5.0

File for divorce on grounds of mental cruelty 

 

2) if your husband does not contest you would get exparte decree 

 

3) husband refusing to have sex amounts to mental cruelty and is ground for divorce 

 

4) seek interim maintenance and alimony from husband 

Ajay Sethi
Advocate, Mumbai
94878 Answers
7568 Consultations

5.0 on 5.0

You need some valid ground for seperation. Otherwise it is not possible.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

By way of divorce from court of law. You have to show minimum 1 year of separation

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

if the date on the marriage registration certificate is 27/04/2018 then you can apply for divorce else wait till 25/08/2019, however, in the meantime, you can apply for judicial separation,

 

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Hi

In case if both of you are willing to get separated, you can file an application before the concerned Magistrate for Mutual Consent Divorce (MCD).  

You can contact local advocate, he / she will be able to help you.

Good Luck.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Respected sir... 

If you want to get seprated you have to file a divorce petition weather with mutual consent or weather contested divorce petition... You will be seprated with the court decree... It will be much better for you to go under section 13-B of HMA that is divorce with mutual consent.. 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1263 Answers
12 Consultations

4.9 on 5.0

you can stay separately but you cannot file divorce. 

As per Hindu Marriage Act , No petition for Divorce can be moved in the court with in one year. Divorce Petition can be filed in the court only after completion of one year of marriage

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

One year is passed, can file mutual diovrce, will grant in 7 8 months.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Dear Madam,

Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."

 A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder can be filed by you.

 The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

You can file a divorce case on the grounds of cruelty due to non-consummation of your marriage and the marriage was forced on you against your willingness.

If he agrees for mutual consent divorce then you may file a divorce case on the grounds of mutual consent divorce.

 

T Kalaiselvan
Advocate, Vellore
85078 Answers
2213 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have not been staying together, but the period is less of one year which is the pre-requisite to file mutual divorce as it takes very less time.
  2. But, yes, there are other grounds in which you can file divorce petition without waiting for one year condition.
  3. And all those grounds will be of contested nature and would take little more time.
  4. If you have not lived together from day first then as mentioned above in your query then proceed for MD petition if other partner agrees to the same.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Yes you can file a petition for annulment of marriage on basis of non consummation of marriage.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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