Divorce after 3 months of marriage

228 votes

Generally, one cannot take a divorce within 3 months of marriage because a divorce petition which marks the first step in procuring a divorce from the court cannot be presented to the court before the expiry of one year from the date of marriage. This is clear from Section 14 Hindu Marriage Act, 1955 or Section 29 of the Special Marriage Act, 1954, as the case may be, which states that no petition for divorce can be presented within one year of marriage.
 
However, the court may, upon application made to it, allow a divorce petition to be presented before one year has elapsed since the date of the marriage on the ground that -

• The case is one of exceptional hardship to the petitioner, or

• The case is one of exceptional depravity on the part of the respondent.

It should be emphasized that when considering any request made under the above provisions for permission to file for divorce before one year has passed since the marriage, the Court must take into account the well-being of any child/ children involved in the marriage, as well as whether there is a reasonable chance that the couple will reconcile before the said one year period.
 

How long does it take to get a divorce in India?

The time it takes to get a divorce in India depends on several factors, such as the type of divorce, the complexity of the case, and the backlog of cases in the court. Generally, divorce in India can take anywhere from six months to several years.

In India, there are two types of divorce: contested and uncontested -

• Uncontested divorce, also known as mutual consent divorce, is when both parties agree to end the marriage and the terms of the settlement. This type of divorce can be granted in six months or less.

• Contested divorce is when one party does not agree to the divorce or the terms of the settlement. This type of divorce can take significantly longer, sometimes taking years to resolve.

It’s important to note that the divorce process in India involves several steps, including filing a petition, attending court hearings, and negotiating a settlement. The time it takes to complete each step can vary depending on the complexity of the case and the court’s schedule.

LawRato LawRato

991 votes

No, you can't get divorce after 3 months of marriage. You have to wait for at least one year to file divorce case against your partner. The waiting period of one year is inevitable even if you both plan to go for mutual consent divorce.

Advocate Ananth Shankar Sharma LawRato

503 votes

bilkul aap divorce le sakte hain shaadi ke 3 mahine bad bhi aap divorce le sakte hain koi problem nahin hai aapko Puri jankari Dunga kaise aap divorce le sakte hain kya karna hoga kya process follow karni hogi please call me urgent with all the

Advocate Kunal Sharma LawRato