Procedure for divorce by mutual consent after 15 days of marriage.

483 votes

Section 14 of the Hindu Marriage Act, 1955 states that no court shall entertain a divorce petition before the one-year of the marriage. However, the Section also states that in cases of exceptional hardship to the petitioner or exceptional depravity on the part of the respondent, the court may consider a petition even before the passing of a year.

The operative word under this section is exceptional and the facts and circumstance of each case must be considered to determine whether or not there is any exceptional circumstance which would justify an application to the court.

The term 'exceptional' means unusual uncommon, unjust, harsh, oppressive treatment, gross injustice, so out of ordinary that it is objectionable and in relation to marriage indicates that the petitioner has suffered hardship greater than ordinarily associated with a ground ordinarily permissible, unendurable, infliction of severity or suffering. The term 'depravity refers to behavior that is wicked, crooked or perverse.�

Though it is difficult to enumerate exhaustively, what would and what would not constitute cases of exceptional hardship or depravity, some valid reasons for divorce within one year of marriage can be enumerated as illustrations, such as, adultery plus desertion by the husband within a few weeks of marriage, or promiscuously or with the wife's sisteror a servant, or/and cruelty etc. Cruelty coupled with aggravating circumstances eg drunkenness and neglect may be exceptional hardship to the petitioner or if coupled with perverted lust, exceptional depravity by proposed respondent. Where a man married a girl immediately drove her on to streets and profited by her immoral earnings, it was held as a case of exceptional depravity. In other words, if the suffering of one is of extreme nature and not one as a natural outcome of a failed marriage, the proviso may be attracted.

LawRato LawRato

585 votes

Filing of divorce before 1 year of marriage is not permissible except in case of exceptional cruelty by spouse or nullity of marriage.

Your case does not seem to be any of the above exceptions. A divorce petition has to be filed 1 year after staying separately and a motion may be made not before 6 months from that date of presenting the petition. See section 13B of Hindu Marriage Act

LawRato LawRato

885 votes

Yes, there is no bar to file for seperation now. But there should be valid reason. and you both should be living away/ apart from one another. should provide an address different from your spouse

Advocate S.K Prabhakar Shetty LawRato

537 votes

Are you Hindus and are you married through Hindu rituals, or had you got your marriage performed by Registration in the jurisdictional Sub Registrar Office.
If Hindus, your marriage is governed by the Hindu Marriage Act, wherein you shall not be entitled to apply for Divorce by any means including by Mutual Consent until the completion of 1 year of marriage.
However, under exceptional circumstances of failure in fulfilling the marital obligation, the parties to such a marriage can file an application to the Jurisdictional Family Court seeking exemption of said 1 year period for filing a Divorce case before said 1 year of marriage.

Advocate Pradeep Kumar Bharadwaj LawRato

593 votes

It is impossible to file divorce within 15 days of marriage,the limitation is under marriage act is one year and only you can nullify the marriage by filing for nullification within period of one year of the marriage, which is not divorce, the entire nullification proceedings has to be completed within one year if the proceedings is pending even after one year the petition itself is invalid,so make sure that the proceedings will be completed within one year. The divorce petition have to be presented only after completion of one year.

Advocate K.P. Sumangala LawRato

596 votes

No, You cant file for divorce before completion of one year, only in exceptional cases you can file and Marriage should be arranged according to Hindu Marriage Act, A divorce petition has to be filed 1 year after staying separately and a motion may be made not before 6 months from that date of presenting the petition. You can refer Section 13 B of Hindu Marriage Act for more details

Advocate Dhanashree V. LawRato

257 votes

In such cases, divorce can be granted by mutual consent within six months. However, no petition can be filed in the first year of marriage. The first motion must be filed six months after the second.

Advocate Chikirsha Mohanty LawRato