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