| We got married eight months ago in Chennai and both of us mutually agree that the marriage was a mistake. Can we file for mutual consent divorce before the Chennai Family Court before completing one year of marriage or is there a mandatory waiting period? |
No, a mutual consent divorce petition generally cannot be filed jointly in Chennai before completing one year of marriage, since Section 14 of the Hindu Marriage Act bars the presentation of any divorce petition within one year of marriage, except in cases of exceptional hardship or exceptional depravity on the part of the respondent.
If such exceptional circumstances exist, the petitioner must first obtain leave of the court to file before the one-year period has elapsed, and Chennai Family Courts scrutinise such applications strictly, requiring clear evidence of the hardship or depravity claimed, since this bar exists to discourage hasty dissolution of marriages.
Where leave is not granted, or exceptional circumstances do not exist, parties must wait until the one-year period has completed before filing a mutual consent petition, though this waiting period does not prevent a spouse from filing a contested divorce on an available fault-based ground even within the first year, subject to obtaining leave.
Given the strictness with which courts apply this one-year bar, it is important to assess whether your situation genuinely qualifies as exceptional hardship before attempting an early filing. Reaching out via Aapka Legal Advice can help you evaluate your options.
Because leave applications under Section 14 require compelling evidence to succeed, obtaining a second opinion from a retired judge on whether your case meets this threshold can save you from a premature and unsuccessful filing. Experienced divorce lawyers and retired judges are available through Aapka Legal Advice's Chennai divorce lawyer directory.
In conclusion, a joint divorce petition generally cannot be filed in Chennai before completing one year of marriage, unless the court grants leave based on exceptional hardship or depravity, which is assessed strictly.
