Marriage is a lifelong commitment, but not all relationships go as planned. In India, divorce is a legal way to end a marriage, but it doesn’t happen overnight. There are specific timelines and rules you need to follow before filing for divorce, and understanding them can save you a lot of confusion. In this article, you will learn about the minimum time required to file for divorce after marriage in India.
Divorce Laws in India
Divorce laws in India depend on your religion. Hindus, Muslims, Christians, and Parsis all have their own rules for divorce. There’s also the Special Marriage Act, which applies if you and your spouse are from different religions or got married under that act.
How Long Do You Have to Wait to File for Divorce?
In Hindu, Muslim, Christian, and Parsi communities, you and your spouse must live separately for at least one year before you can file for divorce. This rule applies to both mutual consent divorce (where both partners agree to the divorce) and contested divorce (where one partner wants the divorce and the other does not). This rule also applies to a marriage solemnized under the Special Marriage Act.
Although as per the Indian Divorce Act, there is a statutory requirement of separation period of two years before filing a mutual divorce case, but Hon’ble Kerala High Court in W.P.(C) No. 20076 of 2009 read down the said provision, reducing the mandatory minimum separate residence period from two years to one year.
Can the One-Year Period Be Shortened?
Only in cases of exceptional hardship can the court allow you to file for divorce before the one-year period is up. The court will decide based on the severity of your situation, and different courts may have varying opinions on this.
In Rishu Aggarwal vs Mohit Goyal, Hon’ble Delhi High court rejected the appeal for mutual divorce before the one-year period. The Hon’ble Delhi High Court, while expressing due respect, disagreed with the view taken by the High Court of Punjab and Haryana in Shivani Yadav vs Amit Yadav. This case had similar circumstances to the present appeal, and the Hon’ble High Court of Punjab and Haryana had granted mutual divorce to the parties before one year of marriage.
From Which Date the One-Year Period is Counted?
The one-year period is counted from the date of the marriage—meaning the day the marriage rituals were performed, not the date the marriage was registered. Many people mistakenly believe the one-year period starts from the registration date, but that’s not the case.
Divorce Under Muslim Personal Law
In Muslims, both husband and wife can agree to dissolve the marriage as per their personal law, at any point of time. This is usually done through a process known as “Khula” (when initiated by the wife) or “Mubarat” (when both parties agree).
Conclusion
In India, for all religions except Islam, you typically have to wait one year after separation to file for divorce. This applies whether you agree on the divorce or not. Only in cases of extreme hardship can the court allow you to file sooner. Understanding these timelines and getting legal advice is important to make sure the process goes smoothly.
