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Can my husband file for divorce within 1 year of marriage in India if I am not willing to separate?
17-Jul-2024 (In Divorce Law)
As per Section 14 of the Hindu Marriage Act, no divorce petition can be filed within one year of marriage. However the same can be filed after the time period of 1 year under any of the provisions of Section 13(1) of the Hindu Marriage Act.
Yes the petition can be filed by one of the spouse but he/she has to prove the ground on which the divorce is being sought.
We would inform you that per the provisions of Protection of Women from domestic Violence Act, you have a right to residence whereby your husband is under an obligation to provide for your residential accommodation till the time you are married.
After divorce, he is liable to pay Alimony / Maintenance to you under the Indian Penal Code as well as under the Hindu Marriage Act.
Adv. Chikirsha Mohanty
Delhi | 200+ Answers
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