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


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)


263 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.


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

181 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.

Popular Divorce Lawyers


Advocate Rajesh Rai
Sector-19, Dwarka, Delhi
20 years Experience
Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
33 years Experience
Advocate Wg Cdr Ajit Kakkar (Retd)
Dwarka, Delhi
20 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
19 years Experience
125 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

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. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles