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On what grounds can we file for divorce after 1 year


11-Apr-2023 (In Divorce Law)

If after 6 months of marriage,i and my husband both feel that we donot want to live together, so can we start living separately and file divorce after the completion of 1 year of marriage. On what grounds can we file for mutual divorce. Is consumation if marriage necessary before filing for divorce? How much time can it take?

Answers (4)

Answer #1
984 votes
For divorce consumation is not at all required there are many grounds given in section 13 of hindu marriage act in which 9 are common for husband and wife where as wife has 4 additional grounds. As for as yoir case is concern you can go for mutual divorce on the ground of dissertion.
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Advocate Rohini Kumar

Adv. Rohini Kumar

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Answer #2
651 votes
If both of you agree for Divorce by way of mutual consent and i presume you both belong to Hindu Religion then under Section 13B of the Hindu Marriage Act you can file a petition for Divorce on the ground that both of you live separately for a period of one year or more and you have not been able to live together and that you both have mutually agreed that the marriage should be dissolved. After filing the Divorce Petition you will have to wait for six more months and at that time only by way of second motion the court will grant you Divorce by way of Mutual consent.
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Advocate S. Sethu Mahendran

Adv. S. Sethu Mahendran

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Answer #3
748 votes
Dear Ma'am, You may file for divorce under the provisions of Hindu Marriage Act 1955 on the grounds of Mutual Consent. The requirement for filing divorce is one year of marriage and one year of separation. This separation can start even after one month of marriage. Regards,
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Advocate Jai Bansal

Adv. Jai Bansal

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Answer #4
862 votes
You and your husband may leave separately and file the case after one year. the mutual consent itself is the best grounds. consumation of marriage is not necessary before filing for divorce. consult in person, we will advise properly.
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Advocate Ganesh Singh

Adv. Ganesh Singh

LawRatoDelhi | 5+ Answers
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