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What is the minimum time to file divorce after marriage in India?


14-Jun-2024 (In Divorce Law)
Minimum time to file for divorce after a Hindu marriage in India
Answers (8)

Generally you must wait one year from the date of a Hindu marriage before a court will entertain a divorce petition: Section 13B requires parties to have been living separately for one year for a mutual'consent petition and Section 14 bars petitions within one year except on leave for exceptional hardship or depravity. [https://sooperkanoon.com/act/8819/hindu-marriage-act-1955-section-13b] [https://www.latestlaws.com/bare-acts/central-acts-rules/family-laws/the-hindu-marriage-act-1955/]. The six'month 'cooling'off-period in Section 13B(2) (between first and second motion) has been held directory and may be waived in exceptional cases (see Nikhil Kumar v. Rupali Kumar (2016) [https://indiankanoon.org/doc/50438237/], Amardeep Singh v. Harveen Kaur (2017) [http://sci.gov.in//supremecourt/2017/22782/22782_2017_Judgement_12-Sep-2017.pdf], and Shilpa Sailesh v. Varun Sreenivasan (2023) [https://indiankanoon.org/doc/37623680/]). Courts have, however, affirmed that the one'year separation requirement for filing under Section 13B is not ordinarily waivable. (See Vishal Kushwaha v. Raghini Kushwaha (2022) [https://indiankanoon.org/doc/85493741/] and related High Court decisions).

Answer #1
99 votes

In India, under both the Hindu Marriage Act and the Special Marriage Act, couples are generally required to wait at least one year from the date of marriage before filing for divorce. This waiting period is designed to encourage reconciliation and reflection before ending the marriage. However, courts can waive this one-year rule in exceptional cases, such as when continuing the marriage causes "exceptional hardship" or involves "great depravity." So, while the law usually insists on a one-year minimum, there?s room for flexibility if the situation is genuinely serious.

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Advocate Chikirsha Mohanty

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Answer #2
535 votes
A divorce petition can be filed even within a week after marriage if there is extreme hardship, which must be specifically mentioned in the petition.

Minimum Time to File for Divorce in India

  • Without extreme hardship: A divorce petition cannot be filed before one year of marriage.
  • With extreme hardship: The court may allow filing before one year if there are exceptional circumstances, such as cruelty or depravity.
  • Mutual Consent Divorce (Section 13B, Hindu Marriage Act, 1955):
    • A couple must be living separately for at least one year before filing.
    • The second motion can be filed between 6 and 18 months after the first petition.
  • Contested Divorce:
    • Can be filed on grounds such as cruelty, adultery, or desertion after one year of marriage.
    • For desertion as a ground, the spouse must have been absent for at least two years before filing.
  • Exception (Section 14, Hindu Marriage Act, 1955):
    • The one-year restriction can be waived if there are exceptional hardships or depravity by the spouse.
    • The court will consider the interests of any children and the possibility of reconciliation before allowing early filing.
For a divorce case to proceed, it is essential to consult a family lawyer to understand the best course of action based on individual circumstances.
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Advocate Vinay Vats

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Answer #3
938 votes
In the case of a mutual consent divorce, the process typically takes around 8 months. However, if you opt for a contested divorce, the duration depends on the court’s schedule and proceedings, which can take approximately 2 to 3 years or more, depending on the complexity of the case.
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Advocate Akhil Verma

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Answer #4
655 votes
The time required for divorce depends on the type of divorce filed. A contested divorce can take several years to finalize, whereas a mutual consent divorce is quicker and less complicated. After filing the petition, both parties must appear for the first motion. Once recorded, a minimum waiting period of six months is required before filing the second motion, after which the divorce can be finalized.
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Advocate Mishika Singh

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Answer #5
781 votes
Hello, are you looking for a mutual divorce or a contested divorce? The time and process depend on the type of divorce. If you want to avoid court proceedings, you can also seek help from a mediation center, which is a good and preferred option.
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Advocate Jayatee Chatterjee

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Answer #6
667 votes
If you are filing for divorce based on merits, you can do so even the next day after marriage. However, for a regular divorce, you must wait until one year of marriage is completed before filing.
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Advocate Manoj Kumar

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Answer #7
739 votes
If both parties agree to end their marriage mutually and have been living separately for at least one year, the divorce process in India takes around six months. However, in the case of a contested divorce, there is no fixed timeline—it may take 3 to 4 years or more, depending on the case.
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Advocate Lalit Kumar Sharma

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Answer #8
836 votes
The time required for a divorce depends on the merits of the case and the legal provision under which you are filing. Mutual consent divorce is usually the fastest way to get a divorce. To understand the best option for your situation, you should consult a lawyer and discuss the details of your case.

Regards,
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Advocate Rohit Kumar

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