We are hindus who live in India. Got married 6 months ago. My wife and I are having differences and we are heading towards a divorce. She will, fortunately or unfortutunately, agree to sign a divorce petition and we have already discussed this. We live in the same house as of today.
My questions are
1) Is there a minimum period after marriage that we have to wait in order to seek a divorce?
2) How long is it going to take for the case?
3) When can either of us remarry (marry someone else, of course)?
4) What grounds can we cite in the divorce application?
5) Lastly, we havent registered our marriage (no marriage certificate), so do we really need a divorce?
I will be really grateful to anyone who helps. Thanks In advance.
2007-08-03 10:24:53 · 8 answers · asked by Jun B 1 in Family & Relationships ➔ Marriage & Divorce
Your marriage is covered under the Hindu Marriage Act, 1955. You can seek dissolution of marriage only after one year of the date on which you got married (section14 of the HMA). You both can seek divorce by mutual consent under section 13-B of the Act by filling a joint petition which will be decided & decree of divorce granted only after 6 months but not after 18 months from the date you file this joint petition. You both can remarry only after grant of the decree of divorce & one month of passing it (the period of appeal against the decree). In such form of divorce no ground are required but that both of you are living separately for one year. Although you marriage not registered but you must be having some evidence of its performance, certificate of priest or temple or wedding card or photographs to ascertain that both of you actually got married & now seek divorce, as only legally married person can seek divorce, if these exist no legal or valid marriage then divorce petition will not be entertained but only petition of annulment if there has been existence of infringement of certain conditions of marriage, if there was no actual marriage ceremonies of the Hindu marriage then the parties will not be called married at all & no use of going for any legal formalities as they are unmarried in the eye of law.
2007-08-03 14:52:35 · answer #1 · answered by vijay m Indian Lawyer 7 · 3⤊ 0⤋
Hi, you say you are having differences, but of course you will, you are new to each other and need to be adjusted to each others ways. Marriage takes a lot of work, every day to keep it alive and fresh. I feel that you are giving up without giving it a chance.
I do believe that you need to sit down with each other, communicate, listen, really listen to each other. Treat each other as equals, respect each others views. Also, you need to learn how to have fun and laughter. Go to different places to visit, NOT relations, I mean sight seeing. Do things of fun on your own, without relatives. I do urge you to work at your marriage, everyone has to. So many people marry and then give up trying to impress, they believe that they are married and so nothing that they do will matter. This is so not true, you have to keep on trying, keep loving, keep laughing and keep communicating
2007-08-03 11:08:37 · answer #2 · answered by rockandrollrev 7 · 0⤊ 0⤋
1. It is one year seperation is required
2. Six month
3. After Divorce free to re marry
4. If it is mutual no ground needed
5. Marriage by any way (court or ur own system ) yes divorce is needed
2007-08-05 10:35:32 · answer #3 · answered by couple s 4 · 0⤊ 0⤋
hey there sorry to hear about this. but over there i dont know how it works but you might not even have to file if you didnt have anything recorded. You can if you have to say it is a no fault divorce that way you both agree on it .you might be able to anull the marriage talk to a lawyer good luck .
2007-08-03 10:52:17 · answer #4 · answered by allan l 2 · 0⤊ 0⤋
Hello dear, why dont you both go out for short honeymoon and understand each other again. In my opinion you should try this. It solves many problems. Good Luck.
2007-08-03 18:43:45 · answer #5 · answered by JAMES 2 · 0⤊ 0⤋
YUP U CAN KICK HER OUT when ever u want.if u dont like her she dont like u go to court and file divorce before having baby hurry up goo u will be very happy after that but no baby.
2007-08-03 11:21:58 · answer #6 · answered by DESI JATT 4 · 0⤊ 1⤋
1) no
2) if it is uncontested, very quick, less than 30 days
3) the day after the divorce is finalized
4) irreconcible differences
5) this depends on where you got married and if they registered it.
Good Luck!!
2007-08-03 10:38:55 · answer #7 · answered by chip t 2 · 0⤊ 1⤋
divorce her without thinking
2007-08-03 18:51:14 · answer #8 · answered by Anonymous · 0⤊ 0⤋