3 Answers
As per Section 13 of the Hindu Marriage Act, 1955, either spouse can file for divorce after completing one year of marriage, unless there are exceptional circumstances like cruelty or hardship, in which case leave of the court may be sought earlier. You can file for divorce through either:
Mutual Consent Divorce: Both parties must agree to divorce and file a joint petition. There is a mandatory 6-month cooling-off period (which can be waived by the court), and the process is usually faster.
Contested Divorce: If only one party seeks divorce, a petition can be filed citing valid grounds such as cruelty, desertion, adultery, mental disorder, etc. Evidence must be provided and the process may take longer, depending on the case.
The petition is to be filed before the Family Court having jurisdiction over your place of residence. It is advisable to consult a qualified family lawyer to prepare and file the case appropriately.
Dear client,
If your marriage is one year old, you can file for divorce after completing one year. If both agree, you can file for mutual divorce, and the court gives six months before final order. If only one wants divorce, you can file a contested case by stating valid reasons like cruelty or desertion. A family lawyer can help you file the case in family court with necessary documents.
I hope this answer helps, in case of further queries, please don’t hesitate to contact us.
For divorce first decide the which one you want to file ethir contested divorce ethir mutual divorce then you need submit documents along with petition in court