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Minimum Time to File Divorce After Marriage in India ? Legal Procedure & Expert Advice
14-Jun-2024 (In Divorce Law)
I have been married recently in the past 15 days. Can we file for divorce by mutual consent now and get legally separated? Please let me know the divorce procedure in India and the minimum time to file for divorce after marriage in India.
Generally you cannot present a divorce petition within one year of marriage; Section 14 of the Hindu Marriage Act, 1955 bars any petition before one year except on proof of exceptional hardship or depravity. [https://indiankanoon.org/doc/205162/]. For mutual consent divorce the law requires the parties to have been living separately for one year and to file a first joint petition under Section 13B (Hindu Marriage Act) or Section 28 (Special Marriage Act), and then make a second motion not earlier than six months after filing (and within 18 months). [https://indiankanoon.org/doc/439618/] [https://indiankanoon.org/doc/1301592/]. Courts have held the six-month cooling-off is directory and may be waived in exceptional cases; see Amardeep Singh v. Harveen Kaur (2017) and Devinder Singh Narula v. Meenakshi Nangia (2012). [https://indiankanoon.org/doc/79830357/] [https://sooperkanoon.com/case/928053/devinder-singh-narula-vs-meenakshi-nangia]. Procedure and expert advice: file the joint petition in the family or district court, complete mediation/settlement on ancillary issues (maintenance, custody, property), then move the second motion after six months or seek judicial waiver of the six months with supporting evidence; consult an experienced family lawyer to draft the petition, settle ancillary terms and apply for waiver where urgency or long prior separation exists.
In India, divorce cannot usually be filed immediately after marriage. For a mutual consent divorce, the law mandates a minimum one-year period of separation before filing. However, in exceptional case such as exceptional hardship, exceptional depravity, or if the marriage is void or voidable divorce can be sought even before completing one year of marriage. These provisions ensure that courts consider the gravity of circumstances while protecting the sanctity of marriage.
Divorce in India can be through mutual consent or contested proceedings, involving petition filing, court hearings, and sometimes mediation.
As per Section 13B of the Hindu Marriage Act, 1955, a mutual consent divorce can be filed only after one year of marriage.
Under Section 14, courts do not allow divorce petitions within the first year of marriage. However, in cases of exceptional hardship or cruelty, an exception may be granted, allowing early filing.
The term "exceptional" refers to completely unusual, unjust, or severe hardships, while "depravity" refers to extremely immoral or irrational behavior.
Some valid reasons for divorce within one year of marriage may include:
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Adultery and desertion by the spouse within a short time of marriage.
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Extreme cruelty leading to mental or physical harm.
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Forced prostitution or moral depravity by one spouse.
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Severe physical or mental abuse beyond ordinary disputes.
In such cases, a petition for divorce before one year of marriage may be considered. Otherwise, the standard divorce process in India requires waiting for one year of marriage before filing for separation.
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Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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Adv. S.K Prabhakar Shetty
Adv. S.K Prabhakar Shetty
Bangalore / Bengaluru | 1000+ Answers
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For a mutual divorce, both partners must agree to the separation and comply with the conditions set under Section 13B of the Hindu Marriage Act.
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Adv. K.P. Sumangala
Adv. K.P. Sumangala
Bangalore / Bengaluru | 50+ Answers
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For more details, refer to Section 13B of the Hindu Marriage Act, which outlines the complete divorce process in India for a mutual consent divorce.
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Adv. Dhanashree V.
Adv. Dhanashree V.
Bangalore / Bengaluru | 25+ Answers
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