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can we file divorce before 1 year


03-Jun-2024 (In Divorce Law)
my marriage was soleminized 7months ago unfer hindu marriage act marriage was not consummated and from 6months we are staying separately. both of our families tried to reconcile but every attempt failed and both familes decided to go for mutual divorce and we hsve discussed about compensation and wrote a mutual divorce agrement form and we are planing to file a case by the end of this month. can i apply for divorce before 1 year ,so with in how many months first hearing will be called and with in how many months can i get divorce please explain in detail.
Answers (5)

Answer #1
639 votes
Dear Client, You must wait for one year. Thereafter you and your wife can file a joint petition for grant of divorce. Now if sufficient cause is shown 6 months waiting period will be relaxed and order of divorce will be granted immediately. Engage an expert advocate and file petition for grant of divorce by both the parties.
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Advocate Sistla Rama Krishna

Adv. Sistla Rama Krishna

LawRato Vijayawada | 400+ Answers
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Answer #2
690 votes
You need to wait another six months to make petition.On making petition (First motion) you need to wait another six months to get dissolved your marriage. For following conditions to be meet the requirement of mutual divorce. a) They must live separately minimum one year b) They have not been able to live together c) Both parties mutual agreed that the marriage should be dissolved. d) Both parties must present in the court for First motion (First Time ) and after 6 months (second motion).
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Advocate Sanjeevi Krishna Rao

Adv. Sanjeevi Krishna Rao

LawRatoVisakhapatnam | 200+ Answers
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Answer #3
724 votes
First you. Cannot file the divorce petition before one year of the Marriage. If you want to file divorce case you must file contesting case with some allegations against the respondent. If you
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Advocate Murali Mohan Rao

Adv. Murali Mohan Rao

LawRatoHyderabad | 100+ Answers
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Answer #4
721 votes
Hello, You have to complete 1 year of your marriage before you seek mutual consent divorce. Wait for another 5 months to file the joint petition. The divorce decree will be granted after 6 months of your filing for divorce.
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Advocate B. Srikiran

Adv. B. Srikiran

LawRatoHyderabad | 5+ Answers
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Answer #5
797 votes
Hello Sir, As per the Hindu Marriage Act petition for divorce can be allowed only after one year, before also you can file, but it is the discretion of the Court to allow the petition or not. After allowing the petition, time will take to grant divorce 6 months min. and max 7 months.
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Advocate Geeta Tirandasu

Adv. Geeta Tirandasu

LawRatoHyderabad | 100+ Answers
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