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Is it possible to file for divorce after 6 months of marriage


09-May-2023 (In Family Law)
My brother got married to a lady and she is saying to leave his mother and send her away from the house and she is not cooperating with him. Now it is 6th month of their marriage. Can he file for divorce??
Answers (3)

Answer #1
632 votes
Yes, your brother can file divorce case against her wife as she is not cooperating in marital life. Where they got married whether in Hyderabad or some where else. I want to talk to you your brother personally.
Answer #2
968 votes
Hello,

No. It is usually not possible to file for divorce within 1 year of marriage. Your brother has to wait for another 6 months to file for divorce. However, if your brother is facing extreme hardships due to the cruelty meted out to him in the hands of his wife and it is impossible for him to live with his wife, he can file a petition under section 13 read with section 14 of the Hindu Marriage Act, 1955 within one year of marriage with the leave of the court. It is for the court to decide as per the circumstances, whether there is a prima facie case of exceptional hardship or depravity and the court will act accordingly.
Answer #3
567 votes
Dear Client,
What is the reason for your brother`s wife to send his mother and did not cooperate with your brother. Take the assistance of mediators and well wishers and parents of both sides. If she is willing to give divorce your brother and his wife can file a joint petition for divorce on mutual consent for getting divorce from a court of law. Otherwise your brother must wait for at least one year. In the mean time he can issue a legal notice for restitution of conjugal rights that is to say ask his wife cooperate to live with him.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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