Conditions for divorce within one year by mutual consent

Question

Conditions for divorce within one year by mutual consent

11-Jan-2023 (In Divorce Law)

Is one year separation mandatory for couples filing divorce by mutual consent? Me n my husband are married for two months but we separated within two weeks of marriage due to mental n physical violence. Can we get divorce ?

Answers (4)

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Advocate Deepak Shrichand Khushalani LawRato · Accepted Answer · 2017-01-11T19:33:59+05:30

Answer #1

No without completing the one year to marriage you are now even inclined to file the mutual divorce petition before the court of law.
Even after filling of petition you are inclined to under go judial separation for six month.
For further more information fill free to contact.

Adv. Deepak Shrichand Khushalani

Amravati | 25+ Answers
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Advocate Shalini Devi LawRato · Accepted Answer · 2017-01-11T19:39:53+05:30

Answer #2

Mutual consent Divorce can be filed only after a year of marriage , if both Hindus one year of separation. If christians two years of separation . Since it is already two months by the time both agree and chalk out the consent terms etc a few months more will pass but you can initiate talks on the Mutual Consent Divorce now itself.

Adv. Shalini Devi

Mumbai | 400+ Answers
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Advocate Rohit Shaligram LawRato · Accepted Answer · 2017-01-12T16:05:34+05:30

Answer #3

Hi

No petition can be entertained within one year of marriage.

You can seek permission of the court for filing the petition if you satisfy the court with your urgency in the case.

Contact for further legal advice regarding your case with proper facts

Adv. Rohit Shaligram

Pune | 5+ Answers
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Advocate Abhaysinh Kashinath Bhosle LawRato · Accepted Answer · 2017-01-12T16:10:53+05:30

Answer #4

Yes you can waive off tht period as Supreme Court as well as high courts have categorically suggested amendments in present laws and also held that if the marriage is breakdown irretrievably then there is no question of streching the same. Therefore you can file it.

Adv. Abhaysinh Kashinath Bhosle

Aurangabad, Maharashtra | 25+ Answers
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