Need Divorce

No divorce petition can be filed before expiry of one year from marriage. If grounds so subsist then you can file petition for annulment of marriage as provided under section 12 of Hindu Marriage Act. If special exceptional circumstances prevail then with the permission of District Judge divorce petition can be filed.

No divorce petition can be filed within a period of one year from the date of marriage as per S14 of Hindu Marriage Act it can be filled only in cases of exceptional hardship with the leave of court which case is not made out here file a case of nullity of marriage u/s 12 H MA Act if both the parties agree with one absenting after filing of written statement ,but this is a way out , otherwise wait for one year. if satisfied u give 5 rank

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court Process of Mutual Divorce Filing of petition called “First Motion” alongwith the documents specified below: Marriage Proof- Photographs of marriage, Wedding card, Marriage Certificate, Arya samaj marriage certificate. ( any 1) Address proof of both husband and wife- Aadhar card (mandatory). Rent agreement (if any) Memorandum of Understanding ( agreement)- All the terms and conditions in writing which both husband and wife agree upon and give their consent for divorce. Second motion is filed after 6 months. But in a recent judgement, the time period of 6 months has been waived off ( on condition). Thus, the second motion can be filled before 6 months also. But for that an application u/s 151 Cpc is filled before the Hon’ble Court to waive of 6 months time period. That is upto court discretion they may allowed or not On the date of appearance, the decree of divorce is granted

don't forget to draft an MOU before approaching Mutual Divorce, which is the most essential and important part of a Divorce case, some basic points to keep in mind and put in writing through an MOU before filing the petition for mutual consent divorce are custody of kids, distribution of assets (movable/immovable), quash/withdraw of pending litigation if any, Maintenance (present/future), Alimony, mode and time of making the payment, streedhan, future litigation, etc.

Naveen, if you want to terminate the matrimonial knot, then, try to settle the matter amicably with your wife involving elders/relatives/friends etc and go for Mutual Consent Divorce which will be decided in 6-18 months, and you both will be free to live life with your wish, (since you married latest in Feb 20, and a separation of 1 year is mandatory provision for filing the MCD, resultantly, MCD cannot be filed but you can settle the issues and can file the case at a later stage) if failed, you have two options, one option is to, file contested divorce on the grounds of mental cruelty but it will take many years, once you file contested divorce she may file/claim 498a complaint Domestic Violence case maintenance, so be ready for them too, and, the second option is to file Restitution of conjugal rights petition in the Court, to show your bonafide intentions to save the matrimonial tie, however, you can withdraw the same any time, RCR will work as a safeguard to 498a, maintenance, DV etc

one year period is compulsory to file a suit for divorce

Dear Naveen As per Hindu marriage act provisions, it is very difficult to get divorce within a year, but in exceptional cases the same is granted by court. It is advisable that since, this is a beginning of your marital life try to sort out your differences with your wife amicably and with this aid of your family members. You should give time to your wife to understand you and your feelings. You can take aid of best marriage counseling to solve your trival disputes. Again, I suggest you don't take any decision in hasty and try to solve your differences by mutual understanding.

As per the provisions of Hindu Marriage Act none of you can approach the Court for grant of divorce prior to one year of your marriage. Even after One Year you will have to mention certain specific grounds for the purpose. you can contact me for all further grounds and detailed discussion. But prior to the specified period of one year you will have to show an exceptional hardship which is coming in your smooth running of your matrimonial life. For further details You are at liberty to connect me.

You can get it on exceptional grounds only other wise you have to wait for one year. Please speak to me Telugu is my mother tongue. Please give me Rank 5 and Review my Resume and Follow me if my answer satisfies you