can i file for divorce?

953 votes

No Divorce Petition can be filed unless one year has passed since marriage. You can thus only file for divorce after December 2015. You need to decide if you need a divorce by mutual consent or would you want to contest the divorce.

Advocate Mudita Sharda LawRato

582 votes

Dear client , please be informed that the court allows filing of divorce petition on various ground after the time period of one years lapses. The whole motive of the courts is to protect the so called institution of marriage. However in the case of extreme hardship, cruelty, torture and many undefined and unreasonable behaviours of the spouse , it may be filed even before the statutory one year period by either spouse. There are many grounds such as cruelty, spouse suffering from any incurable disease, mental illness and so on on which divorce can be claimed . We need to assure the court about any of the grounds inflicted on the party . Hence I would advise it may be claimed even before the statutory one year period

LawRato LawRato

899 votes

Assuming that you got married in terms of the Hindu marriage act you will be able to file for divorce upon completion of 1 year from the date of your marriage unless you are able to establish grave hardship in allowing the 1 year period to complete

Advocate Rajat Joseph LawRato