It’s critical to grasp precisely what to do next when marriages fail. Your marriage’s failure is the only valid ground for granting you a divorce. The blog discusses what has to be done if someone wants divorce within 3 months of marriage.
It is devastating for a marriage if the two partners begin to drift apart and choose their separate paths north and south, especially if those paths lead to the courtroom for divorce within 3 months of marriage. The husband-wife relationship often deteriorates to the point that the majority of instances wind up in court as contentious divorce proceedings.
Any contentious divorce case would typically be treated similarly to a regular civil matter, which means it would go through the same phases and adhere to the same trial processes. One of the results is the confirmation that it will take a long time to resolve the issue. Let us understand if a couple can get divorced within 3 months of marriage.
What does “contested Divorce” mean?
- For those who have engaged in an intercaste marriage or a marriage authorized by this Act, a disputed divorce within 3 months of marriage can be filed under Section 27 of the Special Marriage Act, 1954.
- Christians file disputed divorce cases under Section 10 of the Divorce Act of 1869, whereas Hindus file cases under Section 13 of the Hindu Marriage Act, 1955.
- The divorce procedure is disputed, which means that one side is requesting a divorce while the other is objecting. As a result, the legal battle continues for a longer amount of time until a resolution is reached.
What is the meaning of Divorce by Mutual Consent?
- A mutual consent divorce is what the name suggests: it occurs when the husband and wife agree to dissolve the marriage by filing a joint petition rather than litigating the issue in court.
- If you and your spouse are both dealing with marital problems and have reached the point where you are both seeking a legal separation, you should file a petition for a mutual divorce within 3 months of marriage.
- The action will be brought under Section 28 of the Special Marriage Act by those who were married under it. One must take legal advice for divorce in such cases.
The necessary conditions to file Mutual Consent Divorce
You must fulfill the following requirements before you may file for a divorce by mutual consent; otherwise, your petition will be more likely to be denied by the court;
- A year-long or longer separation between a husband and wife.
- Both partners believe—and have mutually agreed—that the marriage cannot be saved at all, and should therefore be dissolved.
- It is impossible for both partners to cohabitate.
However, the first condition can be waived off by the Court if the parties want divorce within 3 months of marriage and if the Court thinks it to be appropriate.
A step-by-step process for mutual divorce within 3 months of marriage
First step: divorce filing a petition
To obtain a divorce, both spouses must first file a petition for dissolution of marriage with the family court or the district court because they are unable to cohabitate and have therefore agreed to the divorce or that they have been apart for at least a year or longer.
Both parties must sign this joint petition. However, this one year can be waived off by the Court if the parties want divorce within 3 months of marriage.
Step 2: Attendance in court and review of the petition
After the petition has been filed, both spouses will need to come before the family court, and they will both need to have their lawyers for legal advice for divorce.
The court may even attempt to resolve the couples’ marital disputes after carefully examining the petition and its supporting documentation as to why parties want divorce within 3 months of marriage. If it doesn’t work, the case moves on to the next round for even more follow-ups.
Step 3: Recording of statements on oath
The court may order that the parties’ statements be recorded under oath after analyzing the petition and finding it sufficient to grant divorce within 3 months of marriage.
Step 4: Six months pass between the first and second motions being approved.
The court grants the first request since the statements of the parties to the lawsuit have already been recorded. After that, both parties to the divorce action have a six-month window to file the second motion.
However, the Apex Court of India has in various judgments stated that divorce can be granted before these 6 months if the parties want. Divorce within 3 months of marriage can be granted if the Court is satisfied that the parties cannot live together.
Step 5: Hearing on the second motion and the final petition
The parties may proceed to final hearings, which may entail recording of parties’ statements before the judge after they have mutually decided to continue the case and will be present for the second motion.
Step 6: Decree of Divorce
When a divorce is mutual, both spouses have given their permission, therefore disputed issues like alimony, child custody, maintenance, property, and so forth are resolved or have been reached by both parties.
Therefore, to ultimately decide to dissolve the marriage, the parties must come to a thorough and unambiguous agreement, and a divorce within 3 months of marriage can be granted.
Divorce within 3 months of marriage
- The Supreme Court recently affirmed that the court might decide to disregard the six-month term allotted to the parties and grant divorce within 3 months of marriage. In other words, the court may decide to disregard the six-month window if it so chooses.
- Therefore, alimony, child custody, and any other unresolved marital difficulties may be waived by the parties to grant divorce within 3 months of the marriage of their reconciliation efforts.
- Even while the court believes that the parties would suffer more if the waiting time were longer, the six months might nevertheless be waived in this situation and the Court can grant divorce within 3 months of marriage.
Conclusion
Divorce within 3 months of marriage can be granted by the Court when the Court is satisfied that the parties will not be able to reconcile. The 6 months of cooling off can be waived by the Court if the Court chooses to.
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