Legal Question in Family Law in India
Divorce within one year
Dear Sir, Is it possible to get mutual divorce within one year given the fact that the husband and wife lived together for only 5 days. Can we refer the mutual divorce ordered by Delhi HC for a marriage that lasted only 8 months.
Here are the parties.
SH. TARUN KUMAR VAISH Petitioner
VERSUS
MS. MEENAKSHI VAISH
Below is the reasons mentioned for the divorce in the judgement.
''The other relevant considerations which may be considered for granting the exemption from passage of one year before filing a petition for divorce by mutual consent are:-
(a) the maturity and the comprehension of the spouses;
(b) absence of coercion/intimidation/undue influence;
(c) the duration of the marriage sought to be dissolved;
(d) absence of any possibility of reconciliation;
(f) lack of misrepresentation or concealment
(g) the age of the spouses and the deleterious effect of the continuance of a sterile marriage on the prospects of re-marriage of the parties.''
Please also clarify if nullity be ordered in case the alleged force on either party is DENIED but still the party is OK with the annullment.
1. In short I am trying to know if the marriage can be dissolved either by mutual
2.Pls clarify validity of MoU or Compromise deed.
5 Answers from Attorneys
Re: Divorce within one year
The MoU or a Compromise Deed has no legal force except that these can be used to show mutual settlement of the parties.
The condonation of one year statutory period for entertaining a mutual divorce petition is not the rule and despite several judgements of high courts, each case is decided on its own facts.
In any case, you should file your petition for mutual divorce at the earliest; the court may fix an appropriate date for hearing, including a date later than six months. Thereafter, you may pursue your remedy before the High Court on the basis of previous judgements on the issue.
Re: Divorce within one year
Yes
Re: Divorce within one year
contact a local advocate as mutual consent divorce is possible within a year.
Re: Divorce within one year
Yes!
Re: Divorce within one year
According to matrimonial law one person can file a divorce petition after one year from the date of marriage, but by taking the permission from the Ld.Court any person can file a petition within one year.The MoU or compromise deed is valid in the eye of law.You can cite the judgement at the time of taking the permission.
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