Legal Question in Family Law in India
My marriage is registered under hindu marriage act. Can I take divorce within one year? If possible what can be the ground?
5 Answers from Attorneys
Within one year you can't get divorced but can live separately lawfully which after some time may prefer you to take the divorce. For detail advice and service, contact:
dear client u have to wait for divorce up to completion of one year of marriage. for any legal help call me on 9422611385
ADV PRASAD PATIL
No you cannot seek divorce within an year you have to wait for completion of an year .
As per the Hindu Marriage Act, a petition for divorce cannot be filed before a year has lapsed from the date of marriage. However, in certain exceptional circumstances, the Court may grant divorce, provided the marriage has irretrievably broken down or the party/ parties to the marriage are facing exceptional hardship.
The Hon�ble Judges of Bombay High Court have in a case, stated that though Section 14 of the Hindu Marriage Act is intended to discourage young couples from initiating divorce proceedings on frivolous and irresponsible grounds � it also has certain exceptions, like where a spouse faces exceptional hardship or exceptional depravity. It is for the family court to decide as per the circumstances, whether there is a prima facie case of exceptional hardship or depravity.
Consult an expert in this regard since divorce before 1 year of marriage in India is tough. You can call me at 09555 507 507 or send me a mail at [email protected] to discuss this issue in depth.
-Regards
Advocate Pooja
www.lawkonect.com
Related Questions & Answers
-
Can a married woman claim for share of her father's property Asked 12/13/13, 6:22 pm in India Family Law, Divorce, Child Custody and Adoption