How to get divorce after 10 months of marriage

632 votes

Hai

a mutual divorce is prohibited as per law for the time being because the preferred application must be made after atleast an year from date f marriage. moreover u doubt the approval of ur husband. soat this point a contesting case is to be filed where only u will b the petitioner n ur husband as oposing party. Despite u need a divorce please consider the other other aspects. Why u want a divorce ? what is the core reason behind the decision for divorce? since ur query says nothing about kids, hope u r not pregnanat too, no worries then
Is the family involved in it ? Wheather the matter can be solved to give a fresh start?
personally wat will be ur status after marriage, benefits n losses ?
Life is too short to make decisions at ease n pace...

Think n arrive at a decision before u make a move. to divorce him still its easy if v convince the court

Hope am up to ur query

Advocate Manoj George LawRato

757 votes

If your husband is ready for divorce, you can end up by mutual consent. If he is not inclined, you will need to resort to leagal tactics in order to create and establish a ground for divorce initially, then based on the same a divorce can be availed.

Advocate R. Madhuraj LawRato

892 votes

Section 10 in THE DIVORCE ACT, 1869
15 [ 10 Grounds for dissolution of marriage. —
(1) Any marriage solemnized, whether before or after the commencement* of the Indian Divorce (Amendment) Act, 2001, may, on a petition presented to the District Court either by the husband or the wife, be dissolved on the ground that since the solemnization of the marriage, the respondent—
(i) has committed adultery; or
(ii) has ceased to be Christian by conversion to another religion; or
(iii) has been incurably of unsound mind for a continuous period of not less than two years immediately preceding the presentation of the petition; or
(iv) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
(v) has, for a period of not less than two years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or
(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or
(vii) has wilfully refused to consummate the marriage and the marriage has not therefore been consummated; or
(viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or
(ix) has deserted the petitioner for at least two years immediately preceding the presentation of the petition; or
(x) has treated the petitioner with such cruelty as to cause a reasonable apprehension in the mind of the petitioner that it would be harmful or injurious for the petitioner to live with the respondent.
(2) A wife may also present a petition for the dissolution of her marriage on the ground that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy or bestiality.]

LawRato LawRato

693 votes

Christian Divorce Act is applicable here. For filing the divorce petition you should complete one year of your marriage. So you should wait another two months to file the petition. Meanwhile You can send a legal notice to your husband regarding this.

Advocate Sindu R Kurup LawRato