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Can petition for divorce be filed within 8 months of marriage
15-Jan-2023 (In Divorce Law)
Hi, My friend married got married 8 months back. She is a hindu and the guy is a christian. After the marriage in 2 days she left the country for her studies. Since then they have been having a lot of issues. She has been under serious mental torture ever since. They have never lived together. Now they wanna get a divorce as they are not able to adjust with each other. They want to do it with mutual consent. Can this place be filed in any court ? So how does it work? Is it possible to apply now? How long will it take to finalise? Thankyou
Was the marriage registered under special marriage act.If it is not registered under the act and since both are agreeable for a mutual consent petition an earlier date of marriage could be made shown and could be filed. Other wise should wait for an Year. Case could be filed any place where they last resided together or at the place of marriage or where the husband now resides
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Adv. Ravi P.D.
Kozhikode | 25+ Answers
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Hi There
Divorce by mutual consent can not be filed within the span of 8 months of marriage. concerned section says that 'both the parties of the marriage together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved'. If the marriage is not consummated, party can apply before the court for nullity of marriage within an year.
Divorce by mutual consent can not be filed within the span of 8 months of marriage. concerned section says that 'both the parties of the marriage together on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved'. If the marriage is not consummated, party can apply before the court for nullity of marriage within an year.
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Adv. Sreekumar C
Palakkad | 25+ Answers
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Your friend and her husband should wait atleast one year to file the joint petition for divorce. And I hope they married as per special marriage act .Divorce petition can be filed where the marriage is solomnised .
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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