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

I have been married recently in past 15 days.can we file divorce by mutual consent now and get separated. Please let me know procedure for same.

Answers (5)

270 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

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305 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.

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182 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.

217 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

167 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......

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