Can petition for divorce be filed within 5 months of marriage


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)

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.


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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.

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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.

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