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How can I take divorce if I have not completed one year of marriage


22-Mar-2023 (In Divorce Law)
I want to take divorce from my husband as we marry on 28th October 2017 and stayed together only for ten days as he is living in abroad nd after 20days of marriage my in laws started torture on me they tortured me mentally and now from the last 45 days i am living at my parents house and ne is not calling me and he changed his phone number so i want to know about the procedure how can i file case against him
Answers (3)

Answer #1
761 votes
This is very unfortunate situation in which you have been put due to unwanted behaviour of your in laws. Now over all our society is not good regarding this. But you have follow the procedure for filing the divorce petition which can't be filed within one year of marriage and in case you can extra hardship then you can file petition alongwith application under section 14 of the Hindu Marriage act for permission to file the petition for divorce. Second course is to file a divorce petition by mutual consent in that event still the same can be filed after one year of separation then for condoning the period of six months you have to file applications for the ame

Answer #2
816 votes
Hi,
The petition for divorce can only be file after one year of marriage and before that petition for divorce is not maintainable, however this period can be waived by court on application filed for the same, however there are very low chances that this application will be allowed.
Answer #3
531 votes
First you file a petition U/S 9 of HMA, that want to reside with your husband, he will not come to contest, simontanouly file a petition of maintenance, these two cases will help you a lot in getting divorce.

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