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What is the time limit for mutual divorce


11-Jan-2023 (In Divorce Law)
Is one year separation mandatory for couples filing divorce by mutual consent? Me n my husband are married for two months but we separated within two weeks of marriage due to mental n physical violence. Can we get divorce ?
Answers (5)

Answer #1
870 votes
If both are hindus or the marriage is registered under special marriage act no divorce petition can be filed before one year from the date of marriage, and separation period of minimum one year for a mutual consent divorce.

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Answer #2
946 votes
Yes, one year is mandatory for taking a mutual divorce, but you can go for nullity of the marriage, if marriage was done by forcefully or your consent for marriage was taken by fraud. For further details contact me...
Answer #3
872 votes
No you both husband and wife cant go for divorce because as per the law you need to have seperation between you. Its mandatory you cannot apply without that. You can file sec 9 application and then settle it and go for divorce
Answer #4
716 votes
hello, i have been through your query and i think that you cannot file a mutual consent case instantly in the court unless the seperation period should be for the period of one year after the marraige which may please be noted!
Answer #5
562 votes
No petition for divorce will be allowed by the court within one year of marriage but only in case of exceptional circumstances. In your case you can move the court if there is exceptional hardship. Otherwise it is better to wait for 10 more months and then file for mutual consent divorce.

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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