In general, a divorce cannot be obtained within three months of marriage because the divorce petition, which is the first step in obtaining a divorce from the court, cannot be filed with the court prior to the passing of a year after the marriage. This is evident from Section 14 of the Hindu Marriage Act of 1955 or Section 29 of the Special Marriage Act of 1954, depending on the situation, which stipulates that no divorce petition may be filed within a year following marriage.
However, the court may grant a request to do so, allowing a divorce petition to be filed before the year mark following the marriage on the grounds that-
The petitioner faces an exceptionally difficult situation in this case, or
The respondent in this case has demonstrated extraordinary depravity.
It should be emphasized that the court must consider the welfare of any children involved in the marriage as well as whether there is a realistic chance that the couple will reconcile before the aforementioned one-year period when deciding on any request made under the aforementioned provisions for permission to file for divorce before one year has passed since the marriage.
In India, how long does it take to obtain a divorce?
The complexity of the case, the form of divorce, and the volume of pending cases all affect how long it takes to obtain a divorce in India. In India, a divorce typically takes six months to many years.
Uncontested and contested divorces are both legal in India. When both parties agree to end the marriage and the conditions of the settlement are met, it is called an uncontested divorce (also known as a divorce by mutual consent). This kind of divorce can be approved in no more than six months.
When one party objects to the divorce or the terms of the settlement, it is referred to as a contested divorce. This kind of divorce can take a long time to complete—sometimes years.
It's crucial to be aware that the divorce procedure in India entails a number of procedures, including submitting a petition, appearing in court, and haggling over a settlement. Depending on the intricacy of the case and the court's timetable, these steps can take different amounts of time to complete.
What justifications may you use to get a contested divorce?
The Hindu Marriage Act of 1955's Section 13 details the reasons for obtaining a contested divorce.
Adultery is a crime that occurs when one or both spouses engages in sexual activity outside of their marriage.
Cruelty is described as a deliberate act that endangers someone's physical safety, their life, their mental stability, or both. It may entail torturing, abusing, or causing bodily or mental harm to another person.
Desertion is the act of one spouse intentionally leaving the other without any intention of returning. A divorce may be granted for reasons such as a separation of more than two years.
Religion Conversion: In a Hindu marriage, losing one's faith might be grounds for divorce if one of the partners no longer practices Hinduism.
Mental illness, mental illness, or a mental ailment that causes abnormally violent behaviour are all examples of mental disorders.
Communicable diseases and leprosy: Leprosy is a chronic, contagious disease that damages the nerves and leaves skin sores.
Spouse not heard of: A divorce may be granted if either spouse has not been contacted for more than seven years.
If one of the spouses has given up on the world and joined a holy order, this is considered "renunciation of the world" in Hindu law and is grounds for divorce.
There are three more grounds for divorce that are only available to the wife:
Husband has engaged in bestiality, sodomy, or rape.
Before turning fifteen, the wife was married.
They haven't lived together for more than a year due to a court order or decision providing the wife with support.
The couples may employ a Divorce Lawyer in Gurgaon if they reside there. Moreover, if the couple lives in Ghaziabad, then a Divorce Lawyer in Ghaziabad may be appointed. A Divorce Lawyer in Delhi may be hired if the couple lives there.
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