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Mutual Divorce before 1 year guidance
24-Feb-2026 (In Divorce Law)
Hello Sir/Madam,
Meri shaadi ko abhi 3–4 months hue hain. Hum dono husband-wife mutual consent se divorce lena chahte hain.
Hum dono saath nahi rehna chahte aur peacefully alag hona chahte hain. Hum abhi alag reh rahe hain.
Kya 1 saal se pehle mutual divorce ke liye court se special permission mil sakti hai? Agar haan, toh process kya hoga aur kitna time lagega?
Please mujhe guide kariye.
Thank you.
mutual consent divorce petition ordinarily cannot be filed before completion of one year from the date of marriage. The Court may grant special permission to file earlier only in cases of exceptional hardship or serious misconduct such as cruelty or fraud. Mere incompatibility or short duration of marriage is generally not sufficient. If no exceptional grounds exist, you will need to wait until one year is completed. Thereafter, a joint petition can be filed, followed by first motion, cooling period (which may be waived in appropriate cases), and then final decree.
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Adv. Sandipan Mohanty
Adv. Sandipan Mohanty
Bhubaneswar | 5+ Answers
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Yes , definitely you can file a petition for mutual divorce before expiry of 1 year. Once you approach the court, you will have to plead and prove exceptional hardship. And after giving proper grounds for such urgency if the court finds your case to be genuine, the court will grant divorce. It is purely discretional and the courts have in many number of cases dispensed with the requirement of 1 year limitation. For further legal advice contact our team. We will be happy to help you.
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Adv. Sahil Kumar Nair
Adv. Sahil Kumar Nair
Balangir | 100+ Answers
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As per Section 13B of Hindu Marriage Act, before completion of one year of marriage ,mutual divorce is not possible,however in exceptional cases,court has the discretion to accept applications for mutual divorce.
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Adv. Jibanananda Padhy
Adv. Jibanananda Padhy
Bhubaneswar | 25+ Answers
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Under the Hindu Marriage Act, 1955, a mutual consent divorce normally requires that the husband and wife live separately for at least one year, and no divorce petition can be filed within one year of marriage. However, if you file an application for permission under Section 14 of the Act along with the mutual divorce petition, the court has the power to grant special permission to file before one year in cases of exceptional hardship or exceptional circumstances. In your situation (a marriage of 3–4 months), both of you can jointly file such an application seeking permission by stating that you are already living separately, there is no possibility of reconciliation, and you wish to part ways peacefully. Once permission is granted, your mutual divorce petition can be entertained, your statements will be recorded before the court, and you may also request a waiver of the cooling-off period by relying on the Supreme Court judgment in Amardeep Singh v. Harveen Kaur. After applying the said dictum, the court may grant the final decree, and if everything proceeds smoothly, the entire process may take around 2 to 5 months.
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Adv. Mahadev Sahu
Adv. Mahadev Sahu
Balangir | 25+ Answers
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