• Is it possible to file a divorce case within 8 months of marriage

Hi, We got married in feb22 2015, and we had to stay apart for 5 months due to work reasons. Then he got his transfer and came to the same place where i am working. Now its been 3 months we live together. But he is very keen in getting divorced. He is not able to have physical relationship with me. I tried to take him for counseling which he didnot agree. Due to frustration long back i abused him with my friend in facebook messaging. Now he is threating me that he will use that to get divorced if i dont agree for mutual consent. I am confused on what to do next. Marriage happened in vishakapatnam. We now live in hyderabad
Asked 1 year ago in Family Law from HYDERABAD, Telangana
Religion: Hindu
1) you have to file for divorce after expiry of 1 year from date of marriage 

2) it is only in exceptional circumstances can you file for divorce before expiry of 1 year 

3) best option is to file for divorce by mutual consent after staying apart for period of 1 year 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
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Hi, as per law the court will not allow the parties to file a petition for divorce with in one year of marriage, so you have to wait till completion of 1 year of marriage.

2. As far as divorce is concerned unless and until you consented for divorce then only he will get the divorce or else both of you have to apply for divorce by mutual consent.

3.  
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
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1. It appears that marriage is not working out and if that is so then it is better to end this relations.
2. Agree for mutual divorce as it is more expeditious , hassle free and free to filthy allegations generally levelled against each other.
3. The mutual divorce suit can be filed either in Vizag or in Hyderabad.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
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Dissolution of marriage can be happened by two ways one is divorced or another is  annulled, But before one year of separation you cannot file a divorce suit.Better if you are both agreed then either party can file a suit for annulment of marriage within one year as soon as possible,u/sec. 25 Special Marriage Act or u/sec.12 Hindu Marriage Act in which Act the marriage is concerned.
Minansu Bhadra
Advocate, Kolkata
266 Answers
23 Consultations
4.8 on 5.0
There are two ways to legally end a marriage – annulment and divorce. You can file divorce only after expiry of one year from the date of marriage. 
But the same time you can file nullity of marriage before 1 year. 

Annulment or Nullity of marriage means that the marriage has not happened at all. After getting the annulment or nullity decree, the status of the individual is UNMARRIED/SINGLE.An annulment is a legal procedure which cancels a marriage between a man and a woman. Annulling a marriage is as though it is completely erased – legally, it declares that the marriage never technically existed and was never valid. 

A divorce, or legal dissolution of a marriage, is the ending of a valid marriage between a man and a woman returning both parties to single status with the ability to remarry. While each individual state has its own laws regarding the grounds for an annulment or for a divorce, certain requirements apply nationwide.

An annulment case can be initiated by either the husband or the wife in the marriage. The party initiating the annulment must prove that he or she has the grounds to do so and if it can be proven, the marriage will be considered null and void by the court.

The following is a list of common grounds for annulment and a short explanation of each point:

Bigamy – either party was already married to another person at the time of the marriage
Forced Consent – one of the spouses was forced or threatened into marriage and only entered into it under duress.
Fraud – one of the spouses agreed to the marriage based on the lies or misrepresentation of the other.
Marriage Prohibited By Law – Marriage between parties that based on their familial relationship is considered incestuous.
Mental Illness – either spouse was mentally ill or emotionally disturbed at the time of the marriage.
Mental Incapacity – either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent.
Inability to Consummate Marriage – either spouse was physically incapable of having sexual relations or impotent during the marriage.
Underage Marriage – either spouse was too young to enter into marriage without parental consent or court approval.
Ajay N S
Advocate, Ernakulam
1917 Answers
19 Consultations
5.0 on 5.0
Hello,
1) You can file for divorce by mutual consent only after completion of one year of your marriage.You need to show that you had not had any marital relationship during that interval.

2) He can not obtain divorce on the basis of face book posts you made sometime long back.You don't need to be blackmailed into agreeing for a divorce.

3) If you are agreeable for a divorce, agree for a mutually consented divorce. As your husband is demanding a divorce put forth your demands for consenting for a divorce.

4) In case he files for divorce unilaterally you need to contest. You can file for maintenance and alimony then.

S J Mathew
Advocate, Mumbai
1954 Answers
66 Consultations
5.0 on 5.0
contested divorce is very difficult, so no need to worry, the court will also refer the matter to counselor and try to settle the matter amicably.

based on that massage he can not file any divorce case against you before the court of law.

the case can be filed within one year of the marriage but if the matter if exceptional hardship and first of all the person who wants to file the case have to satisfied the court regarding the exceptional hardship which is very difficult.

Feel Free to Call 
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
1) your husband has long legal battle ahead if he wants divorce without your consent 

2) contested divorce cases take 5 years to be disposed of 

3) your husband has to prove allegations of mental cruelty 

4) if in heat of moment you abused your husband and subsequently apologised then your husband won't get divorce on account of one solitary incident 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
1) it is not necessary you stay in separate houses 

2) you can stay in same house and not have any physical relation ship 

3) it is in divorce by mutual comsent wherein parties state on oath they have been living separately though in same house 

4) in contested divorce cases you can deny husband allegations made in divorce petition 
Ajay Sethi
Advocate, Mumbai
23386 Answers
1229 Consultations
5.0 on 5.0
No retakes are available in life,If you think he is bastard then why you suffer. So better try to come out from the cage of uncomfortable life and live with peace .Marriage is an institution in the maintenance of which the public at large is deeply interested. It is the foundation of the family and in turn of the society without which no civilization can exist.It is evident that for whatever be the reasons this marriage has broken down and the parties can no longer live together as husband and wife, if such is the situation it is better to close the chapter.

The essence of marriage is a sharing of common life, a sharing of all the happiness that life has to offer and all the misery that has to be faced in Life, an experience of the joy that comes from enjoying in common things of the matter and of the spirit and from showering love and affection on one's offspring. Living together is a symbol of such sharing in all its aspects. Living apart is a symbol indicating the negation of such sharing. It is indicative of a disruption of the essence of marriage 'breakdown' and if it continues for a fairly long period, it would indicate destruction of the essence of marriage-'irretrievable breakdown'. 

So think about Mutual divorce if needed.
Ajay N S
Advocate, Ernakulam
1917 Answers
19 Consultations
5.0 on 5.0
1. I am not clear why are you so bothered not to give him divorce when you on your own took up issues with him with the help of your friend and also hold your husband in very poor light.
2. Forget what does he have with him. Since he is willing for divorce go for mutual divorce.
3. Sexual relationship has no concern in this dispute.
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
1. Abusing him is actionable through a prosecution for defamation and can also be the ground on which he may file for divorce against you. Denial of sex is also a ground on which he may seek divorce, but he has to prove that you denied sex to him.

2. If he files for divorce then you will be given an opportunity to contest the divorce proceedings initiated by him.

3. You have the right to reside in the matrimonial home till such time that a court of law grants divorce to your husband. This right can be enforced by filing a case for domestic violence to seek protection and residence. 
Ashish Davessar
Advocate, Jaipur
18259 Answers
450 Consultations
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Hi, We got married in feb22 2015, and we had to stay apart for 5 months due to work reasons. Then he got his transfer and came to the same place where i am working. Now its been 3 months we live together. But he is very keen in getting divorced. He is not able to have physical relationship with me. I tried to take him for counseling which he didnot agree. Due to frustration long back i abused him with my friend in facebook messaging. Now he is threating me that he will use that to get divorced if i dont agree for mutual consent. I am confused on what to do next. Marriage happened in vishakapatnam. We now live in hyderabad.

Divorce case within one year of marriage cannot be filed without seeking permission from court by filing a petition under section 14 of the HMA, 1955.  The facebook message cannot be held as a legally valid evidence to prove his gimmicks against you. If he is not fit for sexual/conjugal relationship, then you may file a case for annulment of marriage by decree of nullity owing to his impotency. 




T Kalaiselvan
Advocate, Vellore
14166 Answers
128 Consultations
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Actually i dont want to get divorced. But he is very keen in getting divorced. i am scared that without my willingness he will leave me. I wanted to give more time and go for counseling to sort out issues, as we donot have big reasons to get divorced. Is abusing him with another person is legally an offense to get me divorced. I mentioned that he is a bastard and he should suffer. I donot know whether he has the copy of the message. But i doubt it. Thats the reason i more scared to live in the same house.

Actually he cannot use this as a reason or ground for divorce, let him threaten, his allegations are not maintainable.  However if he is not willing to live with you anymore, you cannot compel him physically to be with you though you can seek legal reliefs for this. 



Is staying apart means , staying in different houses or not having any sexual relationship but living in the same house. If not having sexual relationship is the only concerned point, how can that be measured. Because there is a possibility that one person agrees and another person denies about the sexual relationship.

Whether staying apart of staying together under the same roof is not a matter to be considered for living together peacefully with conjugal relationship between each other.   Both can be deemed to live separately even if they live under the same roof but living separately away from one another.  If the marriage is not consummated due to impotency of one spouse then a petition to annul the marriage on the same ground  can be filed within one year from the marriage. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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