Can I file fro divorce after six months of marriage

569 votes

You have not mentioned the reason for so early divorce. Secondly whether the marriage was consummated or not? Thirdly you have not mentioned to which religion you and your wife belong to?. If you you are governed by Hindu law, than you can file petition only after the expiry of one year but under certain circumstances you can go ahead before that period but before that please discuss in detail the complete facts of your case.

Advocate Ajay Singh LawRato

897 votes

For seeking Divorce, you have to complete 1 year after marriage, as it’s a technical requirement as per Hindu Marriage Act. However, at times if the case is of serious in nature, it may be accepted. I would recommend to speak to a lawyer first and discuss your exact scenario.

Advocate Mukul Girdhar LawRato

650 votes

According to S. 14 of The Hindu Marriage Act, 1955 ” No petition for divorce to be presented within one year of marriage.

1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, [unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: 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 the petitioner obtained leave to present the petition by any misrepresentation 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.
(2) In disposing of any application under this section for leave to present a petition for divorce before the [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the [said one year].”
For more details you can contact me personally.

Advocate Atul Barthwal LawRato

652 votes

Yes there is case law that under special circumstances one can apply for divorce before completion on one year of marriage. You can also go for annulment depending upon your facts they court may send you for mediation or counselling.

Advocate Madhu Tyagi LawRato