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

663 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.

Advocate Ramaditya Tiwari LawRato

888 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]"

Advocate Vinay Vats LawRato

670 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

Advocate Manoj Kumar LawRato

722 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

Advocate Akhil Verma LawRato

774 votes

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

Advocate Lalit Kumar Sharma LawRato

853 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.

Advocate Mishika Singh LawRato

699 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

Advocate Jayatee Chatterjee LawRato

609 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

Advocate Rohit Kumar LawRato

221 votes

In India, the minimum time period required to file a divorce case after marriage depends on the grounds for divorce and the specific provisions of the Hindu Marriage Act, 1955. Here are some key points regarding the minimum time period for filing a divorce case:

1. No-Fault Divorce (Mutual Consent): If both spouses mutually agree to divorce, they can file for a no-fault divorce under Section 13-B of the Hindu Marriage Act. The law stipulates a mandatory separation period of one year before filing for mutual consent divorce. This means that you can file for divorce after one year of marriage if you both agree to it.
2. Contested Divorce: If one party seeks a contested divorce (where both spouses do not agree to divorce), there is no specific minimum time period mentioned in the law. You can file for a contested divorce at any time after marriage if you have valid grounds for divorce, such as cruelty, adultery, desertion, etc.
3. Waiting Period for Divorce Decree: While there is no specific waiting period for filing a contested divorce, it's essential to note that the divorce process can take several months or even years, depending on the complexity of the case and court backlog. After filing the divorce petition, there will be multiple stages, including counseling, evidence submission, and court hearings.
4. Legal Consultation: It's advisable to consult with a family law attorney who can assess your specific situation, provide guidance on the grounds for divorce, and help you navigate the legal process.

Remember that divorce laws can vary depending on your religion and personal circumstances. The information provided here is specific to the Hindu Marriage Act. If you belong to a different religious community, the laws may differ, so it's crucial to consult with a legal expert for accurate advice tailored to your situation.

Advocate Chikirsha Mohanty LawRato

311 votes

If you are filing for divorce with mutual consent, there is a 6-month cooling-off period. Then the divorce can be filed.

Advocate Chikirsha Mohanty LawRato