My husband is planning to settle in the USA and I want to stay in Bangalore. Therefore, we want to file a mutual consent divorce because we have decided to live separately. Can we file mutual consent divorce within one year of marriage? Our parents do not agree for divorce because our marriage is only six months old.
My husband has been selected in a multinational company on a very high salary. His future is very bright in the USA hence, he does not like to live in India. Whereas, my parents are very old and I’m the only child. They cannot go to the USA with us and I’m working in PWC Bangalore. My salary is enough to live a good life with my parents in Bangalore. Sir, please suggest how we can take mutual divorce within one year of marriage?
Asked from: Karnataka
If you want to file for divorce within one year of marriage, you need to show exceptional hardship or depravity that makes it impossible for you to continue the marriage. Section 14 of the Hindu Marriage Act 1955 prohibits filing a divorce petition within one year of marriage unless there is exceptional hardship.
To get a mutual consent divorce [Section 13-B of the Hindu Marriage Act], you must have been living separately for at least a year and both parties (spouses) must be agree that their marriage should be dissolved. However, as you have only been married for six months and are living together, mutual consent divorce is not possible.
Read also: Maintenance if divorce granted within one year of marriage
In your case, you cannot approach the family court for filing a divorce petition because no exceptional hardship exists. The ingredients of Section 13-B of the Hindu Marriage Act are also lacking in your case. So, it is advisable to change your idea to end your marital relations. If you both have other option, then live apart for more than one year then proceed with for mutual consent divorce.
In the prevailing situations it is not possible to get divorce within one year of marriage because there is no exceptional hardship like immense cruelty, apparent danger to life or limb etc.
