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Can petition for divorce be filed within 5 months of marriage


31-Jan-2023 (In Divorce Law)
Hi sir My wife has committed suicide by hanging herself to fan and she was safe. The police has filed complaint against my mother on section 498. Marriage has occurred on 11th of August 2017 and it is only 5 and half months. Can I apply for divorce.
Answers (3)

Answer #1
941 votes
Actually you cab file divorce petition within one year of the marriage. Under some exceptional cases, you can fike divorce petition by obtaining the permission from the court to file the divirce petitoon within one year.
Answer #2
876 votes
If your marriage is a Hindu Marriage, You cannot file divorce within 1 year. There is a specific bar under section 14 of Hindu Marriage Act, 1955. Thus you have to wait for the period to complete. It seems she is residing at her parents house as you are being prosecuted under section 498-A.
Answer #3
503 votes
Hello sir,

As per general rule, the maximum period for filing divorce petition is one year, but under exceptional circumstances you can also file divorce petition within one year, court may consider those cases also.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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