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Writer's pictureLead India
Apr 8, 20234 min read

Process To File Divorce After An Year Of Marriage

With the changing times, the society has started accepting divorced marriages which was not so common a few years back. However, going through a divorce can be an emotionally draining period for both the parties involved.


People who have decided to end their relationship have many queries related to the procedure of divorce as well as separation. In this situation, it would be advised to seek professional advice from experienced.


Divorce lawyers in Hyderabad or your own city, who can guide you through your decision to opt divorce as correct or if you should wait for some time so as to decide over the issue and what other legal options are available to you.


A petition for divorce could be for a mutual divorce or a contested divorce. Contested divorce is applied when either party to the marriage has decided to seek a divorce on the grounds provided by the act such as cruelty, desertion, adultery, etc.


When both parties to the marriage agree that they cannot continue their relationship and it would be better to end it altogether, they can file for a mutual divorce.


A petition for divorce could be filed by any of the parties as per the provisions of the Hindu Marriage Act, 1955. A petition for divorce could be filed after an year of marriage. No petition for mutual divorce can be filed within one year of marriage under section 14 of the Hindu Marriage Act, 1955.


Eligibility-


The conditions for obtaining a mutual divorce have been provided below-

  • Parties to the marriage must have lived in separation for at least one year. To ‘live separately’ here does not mean that they must live at separate places, but that there must be no relation of husband and wife between them for at least a period of one year.

  • The parties to marriage have not lived together and do not agree for reconciliation.

  • Both parties to the marriage have given their free consent for dissolution of marriage.

  • Parties can withdraw their petition for divorce between the first and second motion. If either of the parties does so, the other would have to continue as a contested divorce.

Advantages of mutual divorce-

  • Contested divorce helps save time as the time period taken for contested divorce is much longer

  • It only required two formal appearances on the part of the parties in the court.

  • No cross questioning would be there, the whole process is quite hassle free

  • The whole procedure won’t be very costly.

  • The relationship of the parties to the marriage would not end on a bitter note.

  • The divorce process by mutual consent would be speedy.

The cooling off period during divorce- is it necessary?


After the documents have been processed by the court and the statements are recorded and the order for First Motion is passed. Afterwards, the law provides a period of 6 months to cool off so that the parties can again decide over their decision to divorce, in case the parties still wish to separate they can file for Second motion after which the court shall provide the divorce decree.


The cooling off of six months could not be for a period of more than 18 months, i.e. in case the parties do not file for second motion, the divorce petition would get cancelled automatically.


Recently in a judgement by the Apex Court, it has been decided that the cooling off period could be avoided if the court feels that it will only lengthen problems between the parties to the marriage, thus the cooling period may or may not be allowed by the court, depending upon the facts of the case.


Can divorce be granted within a period of one year of marriage?


As per different divorce laws provided in India, to apply for mutual divorce the parties should have lived in separation for a period of at least one year.


Provided under Section 13B of the Hindu Marriage Act, 1955 and Section 28 of the Special Marriage Act, 1954, parties could file for divorce after a period of one year of separation.


You can contact an experienced divorce lawyer in Delhi or in any other part of the country, for legal advice as if your case requires for you to wait for a period of one year and to file for divorce later or you can immediately file for divorce if the situation in your marriage is threatening for your life or limb.


Conclusion


It could be concluded from the above discussion that if you wish to file for divorce before a period of one year expires, then you may file for contested divorce and would have to explain your grounds to the court.


In some of the extreme situations, when it is not possible for the parties to live together due reasons such as a threat to life, harassment, torture, etc. the court can grant divorce without trying for reconciliation. However the parties in such a situation will have to prove their grounds.


Thus, it would be favourable if you can seek the advice of the divorce lawyer in Mumbai or any other part of the country, so that you could decide as to which option would be better in your matter.


Lead India provides a team of experienced advocates who have been successfully dealing with the cases related to divorce. Hence, if you wish to talk to a lawyer or seek free legal advice online in relation to your case, you may contact us.



Call Us: +91–8800788535


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