• Divorce before one year of marriage

Sir I wish to know about how could I get divorce in a best possible manner. I am hindu by my religion, I got married in last year April 30 2015. After that I got mental trouble from my marriage and I realized this marriage is not worthy for me.
   Then my parents consults to some nearby lawyer and he suggested them to prepared an affidavit of rupees 50 and by mutual agreement he notarized it as a divorce certificate.  My in laws took its original copy and we have it's Xerox one.
But sir please tell me is this a right manner for taking divorce. 
If not please suggest me the right one please for my future.
Asked 10 months ago in Family Law from Durg, Chhattisgarh
Religion: Hindu
1) divorce decree has to be passed by court 

2) divorce in stamp paper has no value . It is not valid divorce 

3) you have to move court to obtain divorce after expiry of one year from date of your marriage 

4) divorce by mutual consent takes 6 months . It is necessary for both parties to stay separate for period of one year before filing for divorce by mutual consent 
Ajay Sethi
Advocate, Mumbai
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Then my parents consults to some nearby lawyer and he suggested them to prepared an affidavit of rupees 50 and by mutual agreement he notarized it as a divorce certificate.  My in laws took its original copy and we have it's Xerox one.
But sir please tell me is this a right manner for taking divorce. 
If not please suggest me the right one please for my future.
First thing is that you cannot apply for divorce within one year from the date of marriage on any ground other than nullity.
Since yours is mental cruelty, you may have to wait for completion of one year from the date of marriage.
The marriage cannot be dissolved by a notarised divorce deed.  The  notarised divorce deed is not valid in the eyes of law.
The lawyer whom your parents consulted has guided you wrongly for his own greedy and  wrongful gains. 
You have to wait for one year period and then properly apply for divorce through a court of law.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
I heard about one sided divorce. what is it sir .I don't want any allumony .I wish ony permanent  separation. I did registered my marriage in choice center. how could I get cancel it. Sir I am a government employee and I am unable to go court and my parents take it as a prestigious issue so they do not allow me to go their. So please guide me what should I do.
there is no answer for your personal issues.  If yo do not want to enter court for your own prestige or any other issue concerned with your family's reputation, you will not get divorce in your life time and you will remain wedded to him until then.
There is no such thing called one sided divorce. If there cannot be one sided marriage then there cannot be one sided divorce too.
Without dissolving the marriage by a decree of divorce by a court of law your marriage will remain in tact.
So decide wisely about it.
T Kalaiselvan
Advocate, Vellore
14138 Answers
127 Consultations
5.0 on 5.0
The certificate (Decree) from family court is the one and only one legal document valid all over India. So you have to file application for divorce before family court  to obtain divorce after expiry of one year from date of your marriage .

If possible try for mutual divorce petition. Divorce by Mutual consent saves time, money and energy for both,
Leaves no room for unnecessary quarrel and most importantly avoid washing your dirty linen in public.
Formalities to be complied with
(a) A petition is to be presented jointly by the parties to the marriage.

(b) The parties have been living separately for a period not less than one year. It is doubtful whether it was intended by the legislators that the parties have lived separately by mutual consent or by force of circumstances or situation.

But it does not seem necessary for the court to go into that matter provided the condition of separate living under the same roof of matrimonial home or in separate residence by the parties is satisfied. Unless the consent of any of the parties to such petition is vitiated by coercion, fraud or undue influence, the court ought not travel beyond the statutory condition of its jurisdiction.

(c) The parties have failed for any reason whatsoever to live together. In other' words, no reconciliation or adjustment is possible between them.

(d) The parties have freely consented to the agreement of dissolution of marriage. 

The following are the grounds for divorce in India on which a petition can be filed only by the wife.

1.	If the husband has indulged in rape, bestiality and sodomy.
2.	If the marriage is solemnized before the Hindu Marriage Act and the husband has again married another woman in spite of the first wife being alive, the first wife can seek for a divorce.
3.	A girl is entitled to file for a divorce if she was married before the age of fifteen and renounces the marriage before she attains eighteen years of age.
4.	If there is no co-habitation for one year and the husband neglects the judgment of maintenance awarded to the wife by the court, the wife can contest for a divorce.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
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Filing of divorce before a year from the date of marriage is impermissible except if one can prove that he has been a victim of exceptional cruelty by his spouse. Divorce is not possible through an affidavit. This concept of preparing affidavits, purported to be legal certificates of dissolution of marriage, has been started by lawyers who have no or very little legal work. Only a court of law can grant divorce. The appropriate recourse is to file for divorce on the ground of cruelty after the expiry of a year from marriage. You have to go to court if you wish to end the marriage legally.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
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 Hi, As per law  the divorce entered through notarized agreement is not valid and power to grant divorce is lies on the court only.

2. Your marriage is not completed with in 1 year so now you can't file a petition for divorce so you have to wait till completion of 1 year.

3. As per your narration you don't want maintenance so both of you can go for mutual consent divorce, first both of you present the petition and wait for 6 months and afterwords court will grant divorce.
Pradeep Bharathipura
Advocate, Bangalore
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133 Consultations
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Dear Querist
If there is any tradition in your community regarding the customary divorce then only the divorce agreement may be valid otherwise this agreement has no value.

you have to file a divorce case before the family court of your area if other party is also ready then file Mutual Consent divorce u/s 13B of Hindu marriage Act-1955.

  
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
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