How to get immediate divorce after 2 months of marriage

340 votes

There is no provision for obtaining a divorce within two months of marriage under Hindu law.

In India, the Hindu Marriage Act, 1955, governs the laws related to marriage and divorce among Hindus. According to Section 14 of the Act, a petition for divorce can only be filed after one year of marriage, except in cases where the spouse seeking divorce can prove exceptional hardship or exceptional depravity on the part of the other spouse.

The exceptional hardship or depravity as stated in Section 14 of the Hindu Marriage Act, 1955, means circumstances that are so severe that it would be unjust and unreasonable to compel the petitioner to continue with the marital relationship. The law does not provide a specific definition or examples of what constitutes exceptional hardship or depravity, but some common examples are:

1. Physical or mental cruelty: If one spouse has been subjected to physical or mental cruelty by the other spouse, such as domestic violence or emotional abuse, it can be considered an exceptional hardship.

2. Adultery or desertion: If one spouse has committed adultery or deserted the other spouse, it can be considered an exceptional depravity.

3. Incurable disease or mental illness: If one spouse suffers from an incurable disease or mental illness, which makes it impossible to continue the marital relationship, it can be considered an exceptional hardship.

LawRato LawRato

613 votes

Dear Madam,
If you want immediate separation you have to file mutual consent petition but if want to file alone, it is not possible to get immidiate relief,but if your husband give consent for divorce after recieving notice from court than you can get divorce.

Advocate Shashikumar K LawRato

703 votes

It's not that easy to divorce, you will have to file an SLP but if you can give me the property details, you can the marriage annulled... But it's subject to certain conditions. Contract me for more details

LawRato LawRato

541 votes

Under the Hindu marriage Act, if marriage took place as. Per Hindu customs may get divorce under mutual consent of you both spouses and file divorce case under section 13(1)(b) of Hindu marriage Act Hindu marriage Act and court may allow after examining each spouse.

Advocate Nagaraju LawRato

243 votes

Under normal circumstances, you cannot file for divorce after just two months of marriage. A time period of one year is required to be lapsed before filing of the divorce petition. 
The quickest path to obtaining divorce is filing for a mutual consent divorce, where both parties agree to dissolve the marriage. However, mutual divorce is not ‘immediate divorce’. Given below is the process for mutual divorce. 

Mutual Consent Divorce Process

Filing of mutual consent divorce petition in a family court of apt jurisdiction.
Scrutinising of documents by the court. If documents are in order, date for first hearing is given.
Hearing of arguments is done during the hearing and both parties are directed to be on a six months’ cooling period, which may be waived off if the court deems fit.
Proceeding with the divorce hearing post the cooling off period. 
At the time of final hearing, recording is done of the statements of both parties. 
The court grants the divorce decree if circumstances are in place.  The marriage then stands dissolved.
If the husband does not agree, a contested divorce petition can be filed, however, you must consult a lawyer in detail before taking any step. If you have any further queries regarding your marriage issue, you can read LawRato’s legal guide or connect with me now.

Advocate Chikirsha Mohanty LawRato

113 votes

If you are filing for divorce with mutual consent, there is a 6-month cooling-off period. Then the divorce can be filed.

Advocate Chikirsha Mohanty LawRato