Sometimes a lifetime of marriage feels like a year, while a month of a marriage feels like a lifetime. It all depends on who you share your married life with. If the partner is able to fulfil all your needs and demands and you are theirs, then the partnership seems perfect and both the people are able to blend into each other’s lives after marriage. While sometimes, two people are not able to adjust fully into each other’s lives, creating friction and trouble in the relationship.
Some people are able to shadow it in the name of family and society while it becomes extremely difficult for some people to stay in the marriage. At this point, one goes through the option of separation.
Most of the family laws in India are regulated by the customs and traditions of different religions.
Can you divorce your spouse within 5 months of marriage?
Divorce as per Hindu Law can take place through two methods. The couple who are willing to separate legally from each other can opt for mutual consent divorce. It means that both the spouses are ready to divorce each other and no longer wish to remain a married couple. The other method to seek divorce is through contested divorce. In this type of divorce, a person files a petition for divorce in the court of law, when their spouse is not ready to separate or grant divorce to them. Under contested divorce, since the couple amicably cannot decide whether to stay together or to separate or other related decisions, they transfer their right to decide on to the judicial magistrate. The magistrate then decides the divorce, maintenance, child custody (if any) and other terms and conditions of the divorce. The Hindu law provides for many grounds under which a person can file for contested divorce.
Now, as per the law, there are certain prerequisites which are to be fulfilled before applying for a divorce through either of the methods.
- For Mutual Divorce:
- Both the partners must have lived separately for one year or 12 months. Living separately does not mean in different houses or different location, rather it means that they have not been living as husband and wife for at least a year.
- The second important prerequisite for obtaining a mutual divorce is that both the partners do not feel that reconciliation or mending of relations is possible at any cost.
- The most important essential, as the name suggests mutual consented divorce means that both the partners have given their free consent for the dissolution of their marriage.
- For Contested Divorce:
- In a contested divorce, one partner wishes to no longer live with their spouse but the spouse is not ready to separate legally, yet.
- Various grounds can be considered as the reason for filing a contested divorce petition such as cruelty, adultery, mental illness, conversion of religion, venereal diseases, etc.
- There is no such timeline as per the minimum time to file a contested divorce in the court of law. It can also be filed after 30 years of marriage and also after 24 hours of marriage.
Since Hindus are regulated by the Hindu law, in order to separate from your spouse, the couple must have lived separately for at least one year. No couple can file a mutual divorce agreement in the court of law before completion of one year of marriage.
In case the couple still wishes to pursue mutual divorce, then they must either continue living separately until the one-year timeline is completed or they can file a contested divorce on any of the grounds laid down by the statutory provisions provided by the Hindu law.
The Hindu Marriage Act provides that a marriage can be dissolved before the one-year timeline through contested divorce only if the person making the application has faced exceptional hardship or that their spouse has created exceptional depravity for them.
Exceptional hardship or depravity is creation of circumstances making it impossible to live with the spouse. Inflicting physical or mental cruelty, adultery, desertion, mental disorder, etc are some of the exceptional hardship or depravity faced by spouses.
How can I apply for contested divorce?
Filing for a divorce petition when your partner is not ready to separate yet, can take a toll in terms of emotions, financials and time. Nevertheless, if You are sure to break your marital bond, below mentioned are the steps to be followed while applying for a contested divorce-
- Filing of petition by the husband or wife
- Issuing of Summons and appearances
- Reconciliation attempt by the Court
- Reply/counter reply from the respondent spouse
- Examination and cross-examination of witnesses and evidence.
- Counsels for both parties present final arguments.
- Decree of divorce passed by the court.
- Petition of Appeal, if any.
How can GS Bagga & Associates help you?
Greetings! When people marry, they do so with a hope of spending a lifetime together, sharing joys and sorrows together. Sometimes, marriages do not work out as while living together, its realized that they are not able to cohabit together or with their spouse and it would be best to part their ways. In such situations, lawyers play a major role in getting you a divorce. The offices of G.S. Bagga & Associates have been experienced in family law and matrimonial issues for over 7 years now. If you’ve found the above information satisfying, you can get in touch with us and can book a free consultation. We would love to support you with our legal expertise in the matter. Feel free to contact us, anytime.
