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Divorce by mutual consent within one year of marriage
24-Jan-2023 (In Divorce Law)
I have been married for 10 months..it was an arranged Hindu marriage and due to severe incompatibility issues we have decided to separate by mutual consent..do we have to wait for a year before we can file for a divorce? And how long does it take for the divorce to be finalised ?
Thank you in advance
there is provision in the law in which the divorce can be taken before 1 year . it totally depends upon the fact of the cases you have to satisfy the Court marriage has been irretrievable breakdown .
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Adv. Govind Gupta
Delhi | 25+ Answers
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for a final divorce marriage of 1 year is needed as you said your marriage have completed 10 months so you have to wait for another two months for getting a final divorce decree it takes around 3 months time for getting a decree drawn in the decree will be drawn into two parts the one will be the first motion and another will which second motion
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Adv. Abhishek Bhardwaj
Delhi | 100+ Answers
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1) mandatory waiting period for filing divorce is one year of marriage,
2) However, if you feel that you are encountering exceptional hardship and your marriage has irretrievably broken down, you can file petition for divorce u/s 14 of the Hindu Marriage Act,
3) After one year, as already you have the option to file petition for divorce by mutual consent u/s 13B of the HMA. Maximum period for a decree to be drawn is 6 months. However the mandatory period of 6 months can be waived or cut down in case of exceptional circumstances.
2) However, if you feel that you are encountering exceptional hardship and your marriage has irretrievably broken down, you can file petition for divorce u/s 14 of the Hindu Marriage Act,
3) After one year, as already you have the option to file petition for divorce by mutual consent u/s 13B of the HMA. Maximum period for a decree to be drawn is 6 months. However the mandatory period of 6 months can be waived or cut down in case of exceptional circumstances.
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Adv. Anubhav Kathuria
Delhi | 500+ Answers
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