can my friend get divorce from her husband in a 2 months old marriage


My friend got married 2 months ago and now she wants a divorce from her husband.

How can she get that?

Also, can her husband ask for a maintenance from her?

Answers (1)


52 votes


For filing for divorce under Hindu Marriage Act there is legal constrain that a minimum of 1 year has to lapse before filing for divorce. Hence your friend has to wait for at least a year for filing divorce petition.'

Now with respect your second query Husband can claim maintenance only under the following circumstances:- 

THE HINDU MARRIAGE ACT, 1955

24. Maintenance Pendente lite and expenses proceedings. Where in
any proceeding under this Act it appears to the court that either the
wife or the husband, as the case may be, has no independent
income sufficient for her or his support and the necessary expenses of
the proceeding, it may, on the application of the wife or the husband,
order the respondent to pay to the petitioner the expenses of the
proceeding, and monthly during the proceeding such sum as, having
regard to the petitioner's own income and the income of the
respondent, it may seem to the court to be reasonable.

However, if a person is capable for earning and well educated, no maintenance can be claimed.
 


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