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I got married 7 months before and want to file divorce. My wife also agrees the same as we both don’t want to live together anymore. She is living at her parents’ house from last 4 months. What do I do?

I got married 7 months before and want to file divorce. My wife also agrees the same as we both don’t want to live together anymore. She is living at her parents’ house from last 4 months. What do I do?

Ans.  

Answer 1:

No, divorce can only be filed after completion of 1 year of marriage. However as per latest Supreme Court judgment that 1 year period can be waived off in extreme cases. You can file a petition in court seeking separation. If court considers it right this 1 year time period can be waived off.

Please contact for more information.

Answer 2:

In case of cruelty and other extreme circumstances, court can allow waiving off this 1 year time period as per latest judgments. You can file petition but court in that case also direct parties to undergo judicial separation for 6 months time period to give time to both parties to think.

Feel free to contact in case of any query.

Answer 3:

No, petition for divorce can be allowed before 1 year to completion of marriage. So it is advised to wait till 1 year. If things are unbearable you can approach court for directions.

Please contact for further legal advice for your case with proper facts. 

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