There is no specific fixed time limit or statutory bar under Indian personal laws for filing a contested divorce petition after marriage.
However, in some cases, minimum periods of marriage duration are prescribed before filing for divorce, depending on the law under which the divorce is sought.
Detailed Explanation:
Under Hindu Marriage Act, 1955
- Section 14 of the Hindu Marriage Act provides that no petition for divorce shall be presented within one year of the date of marriage.
- Exception:
The court may allow a petition to be presented before the completion of one year if the petitioner can prove exceptional hardship to the petitioner or exceptional depravity on the part of the respondent.
Example:
If there’s extreme cruelty, grave violence, or abandonment immediately after marriage — the court may, on an application for leave, permit filing before one year.
Under Special Marriage Act, 1954
- Section 29 of the Special Marriage Act has a similar provision.
- No petition for divorce is maintainable within one year from the date of marriage unless there are exceptional circumstances of hardship or depravity.
Under Other Personal Laws
- Parsi Marriage and Divorce Act, 1936:
Divorce cannot be filed within one year of marriage, except in cases of exceptional hardship or depravity. - Indian Divorce Act, 1869 (for Christians):
Divorce petitions can generally be filed after two years of marriage, but courts may allow it earlier in exceptional circumstances. - Muslim Personal Law:
No such statutory waiting period exists for a contested divorce (Talaq or judicial divorce like Faskh), but courts generally require valid, immediate grounds.
Summary Table
| Law | Time Limit for Filing Divorce | Exceptions |
|---|---|---|
| Hindu Marriage Act, 1955 | 1 year | Exceptional hardship or depravity |
| Special Marriage Act, 1954 | 1 year | Exceptional hardship or depravity |
| Parsi Marriage & Divorce Act, 1936 | 1 year | Exceptional hardship or depravity |
| Indian Divorce Act, 1869 | 2 years | Exceptional hardship or depravity |
| Muslim Personal Law | No statutory time bar | Valid immediate grounds required |
FAQs
Q. Can a couple file for contested divorce within one month of marriage?
Not ordinarily. Under most personal laws like Hindu Marriage Act and Special Marriage Act, a petition can be filed only after one year, unless special permission is obtained from the court showing exceptional hardship or depravity.
Q. What happens if a divorce is filed before one year without leave of the court?
The court will dismiss the petition as premature for want of jurisdiction unless leave is sought and granted.
Q. Is there any maximum time limit within which divorce must be filed?
No. There’s no maximum time limit. A contested divorce petition can be filed at any point after marriage, subject to the minimum one-year rule, provided the grounds exist and can be proven.
Conclusion:
✔️ While there’s no strict time limit for filing a contested divorce after marriage, under most personal laws like the Hindu Marriage Act and Special Marriage Act, divorce petitions cannot be filed within one year of marriage unless there are exceptional circumstances which must be proved to the court’s satisfaction.
After one year, a contested divorce can be filed at any time — even many years after marriage — as long as valid legal grounds exist.
Disclaimer: This information is intended for general guidance only and does not constitute legal advice. Please consult with a qualified lawyer for personalized advice specific to your situation.
Adcocate J.S. Rohilla (Civil & Criminal Lawyer in Indore)
Contact: 88271 22304