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Can divorce be given after one year of marriage


02-Jul-2023 (In Divorce Law)
My cousin sister married a guy who lives in Bangalore 1 year back without permission from her family . Her parents hadn't agreed for the same and left her . Now after 1 year of getting married , she is not willing to live with that guy and wants to come back to her parents . Her parents are also ready to accept her if she got divorced from her Husband . How can we proceed and what are the grounds to file a divorce case . That boy is not ready to give divorce but girl is not willing to live with that guy and wants to come back to her family . Please suggest how can we proceed !!! For your information both the boy and girl are Hindus and Girl belongs to Naidu Caste and Boy belongs to Gowdas .They are living in Bangalore at present and her hometown is Madanapalli. Can they give divorce?
Answers (5)

Answer #1
946 votes
Hi
The girl must have solid reason to seek divorce.
The Girl can file a divorce case at Madanapalli on the grounds of irretrievable break down of marriage.
If the boy is not coming forward to grant divorce, the girl can speed up the proceedings by insisting on irretrievable break down of marriage before the honourable court and courts will be inclined to grant a divorce as no law can force a person to continue in marital life, if the marriage has irretrievably broken down.

Answer #2
851 votes
Dear Client,
Your sister can file a petition for divorce. Court will decide whether she can be granted divorce or not. It depends upon the grounds on which she opt to seek the divorce. What are the grounds on which she do not want to live with that guy. There must be valid grounds for grant of divorce. You must seek expert legal advise by engaging an expert advocate for filing petition for divorce. Your sister must plan on what grounds she should sought to file a petition for granting divorce. What is the type of marriage. Whether it was performed with Hindu Rites and Ceremonies. That is to say valid ceremonies like saptapadi, chanting of mantras by priest etc., are performed in the presence of elders, well wishers.Otherwise it will not be treated as marriage and she need not give divorce. If it is a registered marriage, she must give divorce. Casts do not matter. Both are governed by Hindu Marriage Act. Where did the marriage took place, Where they last resided together, where both are living separately at any place in which place courts will have territorial jurisdiction, where your sister can file a petition for divorce.
Answer #3
895 votes
1) The best thing is mutual divorce (But, boy not willing.....)
2) Why this girls want divorce? ...the reason should be within preview of divorce grounds as per law.
3) It takes lot of time need patience ....for contested divorce
4) Kindly remember it is only finaloption
Answer #4
577 votes
for applying divorce in family court on different grounds like mutual consent,cruelty,minimum one year after marriage can file divorce case.If the boy also agreed to give divorce,then you both can apply on mutual consent .But either of the party is not interested to give divorce without any ground, then you cannot apply
Answer #5
1000 votes
Hello,

Yes. A Hindu married couple can seek divorce after one year of marriage. However, there should be valid grounds for seeking divorce. Just because the girl doesn't want to live with the husband, is not a ground for divorce. The girl has to show reasonable grounds like cruelty, adultery, conversion of husband to another religion after marriage etc as one of the grounds for seeking divorce. Feel free to contact me if you need any further clarification.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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