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How to proceed with divorce proceedings within one year of marriage


24-May-2023 (In Divorce Law)
Dear Sir, my marriage on 11/03/2016, and my wife file a false 498A case on me & my family at 26 Nov. 2016 in Bhratpur (Rajasthan). She is not living with me since 20 Oct 2016. We also obtain anticeptry bail & Now challan is file in court at Apr 2017. So please suggest when i file divorce case in court. Some advocate says we can't put divorce request before one year of separation. Please guide how we manage it.
Answers (2)

Answer #1
525 votes
You are right that you can not file a divorce petition within one year of marriage however it can be do so with the permission of court. Accordingly you got married on 11/03/2016 and your one year of marriage is completed on 11/02/2017 and easily you can file a divorce petition in court even your wife has filled a case of 498A because it is a separate criminal matter.
Answer #2
920 votes
your marriage date is 11.3.2016 and you are facing separation. now you can file divorce petition in family or district court whatsever court available at your end.now you need not to wait further for wait. you can file under section 13 of hma

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