What is the minimum time period required to file divorce case?


Hindu marriage, how many days to get divorce?

Answers (8)


214 votes

A divorce petition can be filed even within a week after marriage if there is extreme hardship which has to be pleaded specifically. In the absence of extreme hardship a petition for divorce is not maintainable before a year from marriage. What constitutes extreme hardship depends upon the peculiar facts and circumstances of the case.

As per S. 13 B of Hindu Marriage Act one year period of separation from the date of marriage is required for seeking divorce by mutual consent and not one year from the date of marriage. Whereas as per S. 14 (1) of the Hindu Marriage Act, the one year period of separation can be waived in hard and exceptional circumstances

S. 14 in The Hindu Marriage Act, 1955

”14. No petition for divorce to be presented within one year of marriage.

(1) Notwithstanding anything contained in this Act, it shall not be competent for any court to entertain any petition for dissolution of a marriage by a decree of divorce, [unless at the date of the presentation of the petition one year has elapsed] since the date of the marriage: Provided that the court may, upon application made to it in accordance with such rules as may be made by the High Court in. that behalf, allow a petition to be presented [before one year has elapsed] since the date of the marriage on the ground that the case is one of exceptional hardship to the petitioner or of exceptional depravity on the part of the respondent, but if it appears to the court at the hearing of the petition that the petitioner obtained leave to present the petition by any misrepresentation or concealment of the nature of the case, the court may, if it pronounces a decree, do so subject to the condition that the decree shall not have effect until after the [expiry of one year] from the date of the marriage or may dismiss the petition without prejudice to any petition which may be brought after the [expiration of the said one year] upon the same or substantially the same facts as those alleged in support of the petition so dismissed.
(2) In disposing of any application under this section for leave to present a petition for divorce before the [expiration of one year] from the date of the marriage, the court shall have regard to the interests of any children of the marriage and to the question whether there is a reasonable probability of a reconciliation between the parties before the expiration of the [said one year].”


S. 13 B in The Hindu Marriage Act, 1955

"13 B Divorce by mutual consent

(1) Subject to the provision of this Act a petition for dissolution of marriage by a decree of divorce may be presented to the district court by both the parties to a marriage together,whether such marriage was solemnized before or after the commencement of Marriage Laws (Amendment) Act, 1976 (68 of 1976), on the ground that they have been living separately for a period of one year or more, that they have not been able to live together and that they have mutually agreed that the marriage should be dissolved.
(2) On the motion of both the parties made not earlier than six months after the date of presentation of the petition referred to in sub section (1) and not later than eighteen months after the said date, if the petition is not withdrawn in the meantime, the court shall, on being satisfied, after hearing the parties and after making such inquiry as it thinks fit, that a marriage has been solemnized and that the averments in the petition are true, pass a decree of divorce declaring the marriage to be dissolved with effect from the date of the decree]"


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108 votes

It depends on merits of the case and under which provision you are seeking to get divorce, as there has been more brighter chances to get the divorce early by Mutual Consent. For that you need to contact me and provide details of your case to suggest you the best way for you.

Regards
Rohit Kumar
Advocate

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106 votes

One year since marriage is the minimum statutory requirement for filling a divorce case in the court. If there is some exceptional circumstances then, you can move the petition before the one year time limit but that is only in some extra- ordinary situations that the petition is entertained prior to the statutory limit. The facts and circumstances needs to be made out to draft accordingly.

164 votes

Hello, are you talking about mutual divorce or you want to contest? It depends upon the divorce matter and to avoid court you can take the help of Mediation center, thats too equally good and preferable.
Jayatee Chatterjee

288 votes

Depending on the mode of divorce, time will vary. While contested divorce can take years to finalise, mutual consent divorce is much faster and less complicated. Parties, after filing the divorce petition, have to appear for the first motion. After the first motion is recorded, minimum time of six months is given before the second motion can be filed, when divorce can be finalised.

65 votes

if both the parties are ready For mutualy ending their marital relation and living seperately for a year it takes six month. And if they go for contest divorce there is no specified time, however, it may take 3 or 4 years

275 votes

Ok in case of mutual consent divorce it will take 8 months probably and if u will approach for contested then it will depend upon the time and convient of court max two to three years. This is depends

222 votes

If you going to file a case on merit then you can file the same on the next day of your marriage other wise you have to wait for the period of one year completion of your marriage then only you can go for divorce

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