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Mutual divorce before 1 year of marriage.


15-Jul-2023 (In Divorce Law)
my marriage was soleminized 7months ago unfer hindu marriage act marriage was not consummated and from 6months we are staying separately. both of our families tried to reconcile but every attempt failed and both familes decided to go for mutual divorce and we hsve discussed about compensation and wrote a mutual divorce agrement form and we are planing to file a case by the end of this month.so with in how many months first hearing will be called and with in how many months can i get divorce please explain in detail.
Answers (7)

Answer #1
941 votes
Dear Client,
You must wait for one year. Thereafter you and your wife can file a joint petition for grant of divorce. Now if sufficient cause is shown 6 months waiting period will be relaxed and order of divorce will be granted immediately. Engage an expert advocate and file petition for grant of divorce by both the parties.
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Answer #2
820 votes
First you. Cannot file the divorce petition before one year of the Marriage. If you want to file divorce case you must file contesting case with some allegations against the respondent. If you

Answer #3
778 votes
You need to wait another six months to make petition.On making petition (First motion) you need to wait another six months to get dissolved your marriage. For following conditions to be meet the requirement of mutual divorce.
a) They must live separately minimum one year
b) They have not been able to live together
c) Both parties mutual agreed that the marriage should be dissolved.
d) Both parties must present in the court for First motion (First Time ) and after 6 months (second motion).
Answer #4
772 votes
Hello,

You have to complete 1 year of your marriage before you seek mutual consent divorce. Wait for another 5 months to file the joint petition. The divorce decree will be granted after 6 months of your filing for divorce.
Answer #5
853 votes
Hello Sir,
As per the Hindu Marriage Act petition for divorce can be allowed only after one year, before also you can file, but it is the discretion of the Court to allow the petition or not. After allowing the petition, time will take to grant divorce 6 months min. and max 7 months.
Answer #6
122 votes
In India, mutual divorce before completing one year of marriage is not permissible under the Hindu Marriage Act, 1955. Section 13B of the Act, which deals with mutual divorce, stipulates that a couple can seek divorce by mutual consent only after completing one year of marriage. This one-year period is intended to provide couples with a chance to reconcile and reconsider their decision.

Key Points to Consider:

One-Year Waiting Period: You cannot file for mutual divorce before one year of marriage has elapsed.

Reconciliation Period: This waiting period encourages couples to attempt reconciliation and resolve their issues.

Mutual Consent: To obtain mutual divorce, both spouses must consent to it willingly. It involves joint filing of a petition in court.

Legal Process: Once the one-year period is over, you can approach the court with your mutual consent divorce application. The court will then initiate the divorce proceedings.

Consult Legal Counsel: It's advisable to consult with a lawyer who specializes in family law to understand the legal procedures and requirements for mutual divorce.

Exceptions: In certain exceptional cases, if there are grave issues or cruelty involved, couples may explore legal options before the one-year mark. Consult a lawyer to evaluate your specific situation.

In conclusion, mutual divorce before one year of marriage in India is not permitted under the Hindu Marriage Act. The waiting period is intended to give couples an opportunity to reconsider their decision. After one year, if both spouses still wish to divorce mutually, they can initiate the legal process. It's advisable to consult a lawyer for guidance tailored to your situation and to ensure all legal requirements are met.
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Answer #7
315 votes
A divorce cannot be filed within a year of the marriage date. You both must have lived apart from each other more than one year to qualify for mutual consent divorce. Divorce outside of court is not valid.
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