Can I file for divorce by mutual consent within 1 year of marriage?

785 votes

No you cannot file for divorce within 1yr.first you have to stay separately from your husband for minimum some months.You should not have any connection within this time.in your writin you have not mentioned that you are staying separetly.You must take advice of lawyer to come out of this condition.

Advocate Tapobrata Guha LawRato

803 votes

Ur seperation period for mutual consent is reqired 1years minimun so witout one year separation you are not eligible to file mutual concenent divorce in any manner section 13B or sectiion 28 ,so u must be followed the one years seperation before filing of mutual concent divorce

Advocate Subhajit Bal LawRato

684 votes

You can file simultaneous cases with women's cell having jurisdiction in Delhi and Kolkata. Would need further details of domestic violence and investigation. As of now I can only advice for you to contact the Women's Cell of respective police station. All will be well

Advocate Abhishek Mukherjee LawRato

592 votes

The proviso of sec 14 of HM Act...Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in that behalf, allow a petition to be presented before one year has elapsed since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but, if it appears to the court at the hearing of the petition that petitioner obtained leave to present the petition by any mis-representation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the expiry of one year from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the expiration of the said one year upon the same or substantially the same facts as those alleged in support of the petition so dismissed."....
Allahabad High Court in the case of Manisha Sirohi v/s. Smt. Meenakshi reported as AIR 2007 Allahabad 2011 wherein the Allahabad High Court considering the fact that both the parties voluntarily inclined to withdraw relationship, their life should not be allowed to be deserted. Continuance of the litigation will cause mental and physical harassment to them unnecessarily when both of them are not inclined to continue with the relationship at all and applying the proviso to Section 14 of the Act, allowed the application and granted decree of divorce to them

Advocate Sauptik Mitra LawRato

954 votes

Look Madam, 4 month of marriage is not enough for filling Mutual Divorce. But it is a ground of Divorce if you file solely against your husband. If you agreed to file it against your husband then you file it either Calcutta or Delhi.

Advocate Sanjoy Acharjee LawRato