Procedure to dissolve marriage within 8 months of marriage


I had committed registry marriage (hindu) on 08/06/17 but since that day I have not lived with her for some reason and now both of us want to abolish the legal bond of marriage. I am not interested to carry on that marriage. What is the procedure to dissolve the marriage in this situation ? What are needed steps ? P.S- she has been living in her parent's house which is 700 km away from my place

Answers (4)


71 votes

firstly you have to wait for another two months I.e upto the end of June 2018 to file a Title suit for declaration that you are still a bachelor as your said marriage has not been consumated because you both are living separately at your respective address since the said day of Registration of Marriage.alongwith to cancel the said Marriage Registration certificate before the competent court against her.


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196 votes

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation.

Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife.

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305 votes

You have to live separately for 1 year or more before filing of the case and also you have to wait for atleast 6 months after filing the case. The 6 months cooling period is not mandatory after the case of Amardeep Sing vs Harveen Kaur in Supreme Court, though under certain guidelines. So you must have to wait for at least 1 year before filing a case under sec 13 B of Hindu Marriage Act or sec 28 of the special marriage act.

288 votes

File a petition before the court on the ground of non consumption of marriage.
Better you may call me for further discussion.

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