Procedure to get divorce
I was married to my friend in a arya smaj mandir in April 2016. But due to family we are not able to continue our marriage. We have not lived together don't have any physical relation between us after marriage. How can we get divorce and how much time is it needed because I want to get rid of this as soon as possible. Can we get divorce without going to court?
No divorce without court. You can file MCD if your partner is also ready for divorce. It will take minimum period of six months to one year and you will be required to appear in the court 2 3 times. For details and or legal help if you so desire may contact me through this website.
You can't file divorce petition within one year .you can file mutual consent divorce after completion of one year,court can not grant divorce as per your choice.
Both the parties can file a joint petition for mutual consent divorce after one year of date of separation. In case you have not resided together, even for a day, still you should wait for the period of one year ( from the date of marriage) to get over.
The petition once allowed, you will have to wait for a period of 6 months to file the second motion, the court shall grant you the divorce in accordance with law. The six months waiting period is waived off by the court in case of genuine cause and urgency, however, in most cases the parties have to wait.
The parties are required to give a thoughtful consideration before getting married and should not be practiced as a hit an try matter. In case you need help to have the issue resolved and continue with the marriage, an intervention of a mediator might be of help. Rest the decision is yours. Good luck!
Delhi High Court
If your marriage has been solemnized, assuming both of you are hindus, then if it is registered and both of you can mutually agree to separate the maritlal ties before the court of law. Applying divorce by mutual consent is the ideal solution in your case.
Appreciate your feedback to my answer.
As it has been just 11 months of your marriage you cannot go for divorce, but annulment. As per the Hindu Marriage Act, 1955 a couple cannot go for divorce before completing a period of 1 year. You can either wait for 1 month i.e. till the date of your marriage or file for annulment.
If you are proceeding with divorce, as an option, following are the grounds as per section 13 of the Act on which you can apply divorce on:
- Adultery: When your spouse is involved in any kind of sexual relationship outside your marriage. It is a criminal offence and you need to have a proof of it.
Cruelty: If your spouse is causing you any kind of mental or physical injury that is in the form of -
- Danger to life or health
- Not providing you with food or other basic facilities
- Desertion: If your spouse has left you and has not returned for 2 years.
- Renunciation– If your spouse has given up all worldly affairs by adopting a particular religious order.
- Not Heard Alive– If you or your family members have not heard from your spouse or your spouse has been missing for a period of 7 years, he/she shall be presumed to be dead.
- Conversion: If your spouse converts or adopts a different religion.
- Disease: You can file a divorce, if your spouse is suffering from any of the following health conditions:
- Mental Disorder: If your spouse is suffering from a mental disability that cannot be treated or cured and is unable to live as a couple.
- Leprosy: If your spouse is suffering from leprosy that is an incurable and life threatening disease.
- Venereal Disease– If your spouse is suffering from a serious disease that is easily communicable like AIDS or HIV.
After you have decided the ground of your divorce you need to know if the divorce is contested or mutual.
Mutual Divorce as per section 13-B You and your spouse agree on all issues, including property division, child custody(if any), and others. Because you are settling your issues amicably, the maximum time that will take to get a divorce is 1.5 years.
Contested Divorce You and your spouse cannot agree on one or more issues, therefore the court decides for you. It is a lengthier process and takes about 2-3 years
Your divorce petition will be filed in the District family court where:
- Your marriage ceremony took place as per Hindu rituals, or
- You and your spouse lived/resided together, or
- Your spouse resides at the time of filing of the divorce, or
- Where you reside, if your spouse is living abroad or is presumed dead for a period of seven years or more.
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