Dear Madam,

If your husband is  mentally and emotionally and sexually harasses you  any such other behavior, it is domestic violence. 

There are several enactments in favor of married women.  You must show heat of the litigation to your husband and mother in law otherwise you cannot sustain in such unbearable atmosphere.  You can file Domestic Violence case.

It is better to file DV case rather than divorce as you just married, You need wait for one year to file divorce case.  Therefore file Domestic Violence case seeking following reliefs:

PRAYER

                HENCE THE APPLICANT HUMBLY PRAYS

1. to take cognizance for the offence punishable u/s 498A IPC and punish Respondent1 to 3 as per law and extend police protection to the deponent,
2. Pass orders u/s 19, based upon S.17, granting separate residence for herself and her three children at a monthly rent of Rs. 20,000/- and advance of Rs. 5,00,000/-.
3. Pass orders u/s 18, in totality against Respondent1 to 3,
4. Pass orders u/s 20(i) granting Rs.25,000/- per month as maintenance for applicant and maintenance at the rate of Rs. 5,000/- each per month to her three children.
5. Pass orders granting Rs. 5,00,000/- for setting up house hold requirements, in granted residence, to make it livable, as the applicant cannot return to the house of Respondent1 as he is residing in the house of respondent No. 3, which is legally prohibited,
6. Pass orders granting litigation expenses of Rs.1,00,000/- as the applicant made to wander from pillar to post for getting legal aid to attend the Hon’ble Court, whereas, the Respondent1 falsely filed Divorce Petition.
7. The applicant also filed interim application supported by affidavit u/s 23(1) and (2) of D.V.Act,
8. That any other order/s, this Hon’ble Court deems fit, to meet the ends of justice, be passed.

Dear Client,

You cannot apply for divorce within one year from the date of marriage on any ground other than nullity like forced marriage , consent obtain by fraud etc.

Petition for decree of diovrce within a year allow on the ground that the case is one of exceptional hardship to the applicant - sexual abuse, open adultery by husband, physical torture for dowry etc.

Mental cruelty no ground to apply with in one year.

For mutual diovrce have to wait for a year than another 6 to 8 months.

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

2) file for divorce on grounds of mental cruelty on expiry of one year of marriage 

3) you would be entitled to maintenance depending upon husband income , your income, standard of living etc 

Yes it requires one year separation for both mutual and contested divorce

Dear Madam,

Yes,

Divorce by Mutual Consent Step by Step Procedure

Hindus: Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about inability to continue the marital relationship due to some unavoidable circumstances. Both the sides must voluntarily agree to dissolve the marriage. The filing of a mutual divorce by both the husband and the wife is termed as ‘the first motion’. A couple can file for a second motion after a gap of six months. This time span is provided to the couple so that they get time to reconsider their marriage. A divorce decree can be passed before the completion of the six months term if all the mandatory requirements are sufficed. If the divorce file is not withdrawn within 18 months, the court passes a divorce decree. In case one of the sides withdraws the petition, the court initiates to make an enquiry. If the concerned side disagrees to give the consent, the court holds no right to pass the judgment.

See you can file a police complaint for violence and cruelty against the husband further you can seek residence and compensation under Dv act from husband.

Further the maintenance and Divorce on ground of cruelty can be filed under Hindu marriage act after one year of marriage.

The maintenance shall be as per the income of the husband. 

Yes you can file divorce after one year of marriage only and separation, though you can file a petition before the court to waive off same. 

See after filing and first motion the court shall grant cooling of period of 6 months or more .

See divorce cannot be filed in court only after one of marriage or with permission of court is there then before one year.

Mutual divorce can file after one year of marriage that also on declaration that husband wife living separately from one year.

Than court will give 6 months date for reconciliation possible - procedure in MCD, And if parties not withdrawn their consent for mutual divorce than cort will grant divorce in a month.

Six months period can be waived by court invoking it`s discretionary powers.

Even if you file for divorce by mutual consent you ha e to stay separate for period of one year 

cooling period of 6 months is mandatory 

6 months cooling period is mandatory 

To file a divorce, you wait to need until this marriage becomes one year old. Also note, taking divorce by mutual consent (will require consent of your husband) is easy and less cumbersome then a case of contested divorce. Thus, you should try and convince your husband for divorce.

There is no fixed percentage. 

You will have to build your case and prove the harassment in order to claim the compensation. 

Regards 

If you both agree for divorce then it will take 6 months for you to take the divorce. 

Regards 

If you both decide to take divorce then you will have to wait for 6 months after the first motion, and thereafter you will get the divorce. 

Regards 

Dear Anushree

You need to wait  for completion of  ONE year from the date of your marriage.

In case if both of you are willing, you may invoke special provision and request court to take up your case before completion of one year.  But, for doing the same you need to convince the court with the reasons.

The issue can be  settled by opting for Mutual Consent Divorce (MCD).

Immediately on completion of one year you file MCD and convince the court to waive off the waiting period.

Good Luck

1. Convince your husband to agree for Mutual Consent Divorce. Better to  opt Mutual consent divorce route and mutually the husband and wife can take decisions in the matter of child custody, finance, assets, maintenance or alimony, returning the jewellery given by  your parents and relatives etc.

2. In the joint petition to be filed by both husband and wife for dissolution of their marriage U/S. 13-B of the Hindu Marriage Act (Mutual consent divorce) , the custody of child, maintenance, finances, property matters, visitation rights will be mentioned.

3. The reason can be mentioned as due to irreconcilable differences they have been living separately since one year, and their marriage has broken down irretrievably and efforts to bring about reconciliation have also failed.

4. The time for concluding mutual consent divorce will be 6 months and this cooling period of 6 months can also be waived off in certain cases.

Dear Madam,

Step 1: Petition to file for divorce

Firstly, a joint petition for dissolution of marriage for a decree of divorce is to be presented to the family court by both the spouses on the ground stating that they have not been able to live together and have mutually agreed to dissolve the marriage or they have been living separately for a period of one year or more.

This petition will, then, be signed by both the parties.

Step 2: Appearing before Court and inspection of the petition

Both the parties will have to appear before the family court after the filing of the petition.

The parties would present their respective counsels/lawyers.

The court would critically observe the petition along with all the documents presented in the court.

The court may even attempt to bring reconciliation between the spouses, however, if this is not possible, the matter proceeds for further follow-ups.

Step 3: Passing orders for a recording of statements on oath

After the petition is scrutinized by the court and it satisfies, it may order the party's statements to be recorded on oath.

Step 4: First Motion is passed and a period of 6 months is given before the Second Motion

Once the statements are recorded, an order on the first motion is passed by the court.

After this, a six months period is given to both the parties to a divorce, before they can file the second motion.

The maximum period to file for a second motion is 18 months from the date of presentation of the divorce petition in the family court.

Step 5: Second Motion and the Final Hearing of petition

Once the parties have decided to go further with the proceedings and appear for the second motion, they can proceed with the final hearings.

This includes parties appearing and recording of statements before the Family Court.

Recently, the Supreme Court has held that the 6 months period given to the parties can be waived off at the decision of the court.

Therefore, the parties who have genuinely settled their differences including alimony, custody of the child or any other pending issues between the parties, this six months it can be waived off.

Even if the court is of the opinion that the waiting period will only extend their sufferings, the six months can be waived off in this case also.

Step 6: Decree of Divorce:

In a mutual divorce, both parties must have given consent and there shall not be any differences left in the matters related to contentions regarding alimony, custody of a child, maintenance, property, etc.

Thus, there needs to be complete agreement between the spouses for the final decision on the dissolution of marriage.

If the court is satisfied after hearing the parties that the allegations in the petition are true and that there cannot be any possibility of reconciliation and cohabitation, it can pass a decree of divorce declaring the marriage to be dissolved.

The divorce becomes final once the decree of divorce has been passed by the court.

You cannot file for Divorce before one year of the marriage except under compelling and excruciating circumstances such as when there is a danger to your life or so.  

Even if your husband agrees to take a Divorce by Consent, a Mutual Consent Petition cannot be filed before one year of separation i.e. to say that either physically or distance wise, you both should be living separate for a period of one year prior to filing of Petition. 

After filing and before Divorce can be granted, there is a cooling off period of 6 months to give you both the time to think through your decision thoroughly.  The same will not be waived off in your case as your situation doesn't attract the conditions stipulated for waiving off the 6 months.   

Go for annulment. But for that you need to prove that he is not mentally stable, etc.

Else, you will have to wait for 1 year for mutual consent divorce.

Else file a contested divorce and fight for another 3 years.

You can only file after one year of separation.  Otherwise you need to first take judicial separation of one year from court and then file the divorce after completion of one year

Mutual Consent Divorce will be decided in 6-18 months, and can be filed after one year of separation,

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case,

some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

“amount of MAINTENANCE/ALIMONY depends on various factors such as Living Standard, Financial Status, Properties held, assets, responsibilities, custody of children, expenses on marriage etc, therefore, without going through deeply with facts its really unfair to tell an amount. a detailed personal discussion will enable me to answer this promptly"

As per the Hindu Marriage Act petition for divorce can be allowed only after one year, before also you can file, but it is the discretion of the Court to allow the petition or not. After allowing the petition, time will take to grant divorce 6 months min. and max 7 months.

You cannot file before 1 year of separation period, mutual divorce takes 6 months as per statutory period. Total 1years 6 months, maximum

You cant file divorce before completion of one year of marriage because of non maintainable of petition as per Hindu Marriage act.

But you can file Petition for Judicial separation till completion of one year of marriage and get judicial separation from your husband.

You will not entitled to get percentage from property you are entitled to get maintenance from your husband till you remarry again after divorce. 

You cannot file a divorce cae before completing one year from the date of marriage, however if you can prove that he is suffering from mental ailment and the same cannot be cured, you may file a petition to annul the marriage .

When the marriage is annulled then you will not be eligible for any maintenance or alimony.

Yes, for mutual consent divorce  you both should have lived separately away from each other for one year or more.

If you file a mutual consent divorce after you become eligible for that then after that you can gt the divorce within 10 days also by filing an affidavit seeking to waive the 6 months waiting period.