Sometimes in a marriage, you may want a divorce (while your spouse doesn’t) due to certain circumstances. If these circumstances are recognized by the law (cruelty, mental illness) you can apply to the Court to hear you.
Your spouse can deny these reasons and tell the Court why he or she does not want the divorce.
Under the law, you can only file for divorce only after one year of marriage.
One Year Period
If you want to file a divorce against your spouse, then under the law you have to wait for a period of one year from the date of the marriage to file for a divorce.
For example, if Jitendra and Vahida got married on the 9th of January, 2018, Jitendra has to wait till at least 9th of January, 2019 if he wants to file a divorce against Vahida.
Exceptions to the One Year Period
Although the law gives a waiting period of one year, there are certain reasons by which the parties can go to Court before this time limit, such as:
- Exceptional hardship to one of the spouses. For example, if your husband or wife is physically abusing you every day, then you can go to Court to file for a divorce.
- Exceptional depravity to one of the spouses. For example, if your husband or your wife is asking you to do humiliating sexual acts.