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What are the minimum requirements to apply for Divorce ?


30-Nov-2023 (In Divorce Law)
I want to take divorce from my wife. But she does not agree to give me divorce. I have enquired from my local contacts, advocate in India. They advised me to apply for a divorce after one year of separation. I got married on April-2016 that means its 19 months over now. Would like to seek your advice on below queries. 1. What is the minimum tenure after my marriage, I can apply for the divorce? 2. Is there any law which state that married couple needs to stay apart for one year before applying the divorce? Thanks a lot in advance.
Answers (3)

Answer #1
629 votes
Sec 13 of Hindu marriage act have provisions for divorce in india, there are prerequisites condition prescribed under law. However, a client has to speak all the details and circumstances so as the proper advice can be given
Advocate Om Shanker Shrivastava

Adv. Om Shanker Shrivastava

LawRato Bhopal | 100+ Answers
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Answer #2
829 votes
Following are the answers to your queries-
1. The minimum period is 1 year since the date of marriage after which you can file petition of divorce.
2. Yes. Section-13B of Hindu Marriage Act requires the 1 year separation before filing mutual consent divorce petition. But if you are filing a contested petition of divorce then the separation of 1 year is not necessary, you may file divorce petition as soon as the 1 year since the date of marriage expires.
Advocate Pradeep Naik

Adv. Pradeep Naik

LawRatoIndore | 200+ Answers
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Answer #3
820 votes
Under the Hindu law u have to stay apart before divorce but recent judgement of supreme court has held that it's not prerequisite .you can file divorce petition before appropriate court or family court .
Advocate Rashid Suhail siddique

Adv. Rashid Suhail siddique

LawRatoJabalpur | 25+ Answers
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