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Conditions for divorce within one year by mutual consent


11-Jan-2023 (In Divorce Law)
Is one year separation mandatory for couples filing divorce by mutual consent? Me n my husband are married for two months but we separated within two weeks of marriage due to mental n physical violence. Can we get divorce ?
Answers (4)

Answer #1
792 votes
No without completing the one year to marriage you are now even inclined to file the mutual divorce petition before the court of law.
Even after filling of petition you are inclined to under go judial separation for six month.
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Answer #2
855 votes
Mutual consent Divorce can be filed only after a year of marriage , if both Hindus one year of separation. If christians two years of separation . Since it is already two months by the time both agree and chalk out the consent terms etc a few months more will pass but you can initiate talks on the Mutual Consent Divorce now itself.
Answer #3
504 votes
Hi

No petition can be entertained within one year of marriage.

You can seek permission of the court for filing the petition if you satisfy the court with your urgency in the case.

Contact for further legal advice regarding your case with proper facts
Answer #4
659 votes
Yes you can waive off tht period as Supreme Court as well as high courts have categorically suggested amendments in present laws and also held that if the marriage is breakdown irretrievably then there is no question of streching the same. Therefore you can file it.

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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