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Process of filing a divorce with the duration o 7-8 months of marriage


17-Aug-2023 (In Divorce Law)
My friend is a Hindu by religion. He had to get married under immense family pressure, and he has been staying with his wife now for 7-8 months (without any physical relationship). He now plans to move out of city and file a divorce. So how should he proceed with that?
Answers (3)

Answer #1
867 votes
There are two ways to take Divorce in India:
1) Divorce with Mutual Consent: When husband and wife both agree to a divorce; the courts will consider a divorce with mutual consent. For the petition to be accepted, however, the couple should be separated for over a year or two years (as per the relevant act) and be able to prove that they have not been able to live together. Often, even when either husband or wife is reluctant, they still agree to such a divorce because it is relatively inexpensive and not as traumatic as a contested divorce. Matters such as children’s custody, maintenance and property rights could be agreed to mutually.
Divorce Without Mutual Consent: In case of a contested divorce, there are specific grounds on which the petition can be made. It isn’t as if a husband or wife can simply ask for a divorce without stating a reason. The reasons for divorce are as follows, though some are not applicable to all religions.
1. Cruelty
2. Adultery
3. Desertion
4. Conversion
5. Mental Disorder
6. Communicable Disease
7. Renunciation of the World
8. Presumption of Death
Answer #2
773 votes
he will have to wait for another few months as the minimum period of a relationship is 1 years and before that period no divorce suit can be filed. but if there is no physical relation or if there is no consummation then a suit for nullity can also be filed depending upon facts and circumstances.
Answer #3
741 votes
A husband should never file a divorce, he is sure to get trapped by 3 cases that will be done by wife, its better to stay quite and live separate, detailed discussion in necessary to understand the technicalities.

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