How Soon Can You Get A Divorce After Marriage?

In India, marriage is not just a union of two people, it’s a bond layered with emotion, tradition, and societal expectation. It’s seen as a sacred commitment meant to last a lifetime. But what happens when the reality doesn’t match the promise? Some couples find themselves trapped in misunderstandings, emotional distance, or even abuse within weeks or months of marriage. When the cracks begin to show early on, the pressure to “make it work” can feel suffocating, especially when the law requires a waiting period before you can seek divorce. Staying in a broken marriage just to satisfy legal timelines can be both mentally and emotionally exhausting. So, is there any legal way out? Can you file for divorce before completing one year of marriage? What if both partners agree, or only one wants to walk away?

In this blog, we’ll explore all the essential legal insights, including:

• The minimum time to file for divorce in India
• Legal exceptions to the one-year waiting period
• Timeline for mutual consent divorce
• Timeline for contested/unilateral divorce
• Key legal provisions and important case laws

Minimum Time To File For Divorce In India

Indian personal laws set clear procedural safeguards to prevent the impulsive nullification of marriage. By prescribing a minimum waiting period before filing for divorce, the law aims to balance individual rights with social and familial stability. This period allows the couple time to assess their relationship dynamics, seek counselling, or explore reconciliation options before opting for legal separation.

One-Year Rule Under Marriage Laws

Specifically to file for divorce in India, the prevailing rule under various marriage laws is a one-year minimum waiting period before initiating divorce proceedings. Whether the divorce is sought by mutual consent or contested by one party, the law mandates this duration either from the date of marriage or from the date the couple starts living separately. This rule exists to ensure that couples take time to reflect, attempt reconciliation, and avoid rushing into divorce based on temporary disagreements or misunderstandings.

The One-year rule application under different marriage laws in India:

1. The Hindu Marriage Act, 1955

The Hindu Marriage Act, 1955, governs marriages and divorce among Hindus, Buddhists, Jains, and Sikhs in India.

• Contested Divorce: A spouse can file for a contested divorce on specific grounds such as cruelty, adultery, desertion, mental disorder, or conversion only after completing one year of marriage, as specified under Section 13(1) of the Hindu Marriage Act, 1955.
• Mutual Consent Divorce: Couples must have lived separately for at least one year and mutually agreed that the marriage has irretrievably broken down, according to Section 13B of the Hindu Marriage Act, 1955.

Note: So, even if both spouses agree, they cannot file for divorce by mutual consent before one year has passed since separation.

2. The Special Marriage Act, 1954

The Special Marriage Act, 1954, governs interfaith and civil marriages in India.

• Contested Divorce: A spouse can file for a contested divorce on grounds such as cruelty, desertion, or adultery only after completing one year of marriage, as specified under Section 27 of the Special Marriage Act, 1954.
• Mutual Consent Divorce: The parties must have lived separately for at least one year and mutually agreed to dissolve the marriage, according to Section 28 of the Special Marriage Act, 1954.

Thus, the one-year requirement is mandatory regardless of whether the marriage is contested or by mutual consent.

3. The Indian Divorce Act, 1869

The Indian Divorce Act, 1869, governs divorce and related matrimonial matters among Christians in India.

• Contested Divorce: A spouse can file for a contested divorce on grounds such as adultery, cruelty, conversion, or desertion, as provided under Section 10 of the Indian Divorce Act, 1869.
• Mutual Consent Divorce: Although the Indian Divorce Act originally implied a two-year separation, recent Kerala High Court rulings have allowed Christian couples to seek mutual consent divorce after one year, aligning it with other personal laws.

Why the One-Year Post-Marriage Requirement?

The one-year waiting period after marriage, before filing for divorce, reflects more than just procedure; it represents the legal attempt to preserve the institution of marriage without undermining individual freedom. In the early months, couples often face adjustment issues. The law recognises this and provides space for reflection rather than allowing hasty legal exits.

This period serves several purposes:

• Emotional clarity: It allows time to assess whether differences are permanent or resolvable.
• Reconciliation window: Couples can explore counselling or mediation before pursuing divorce.
• Barrier against impulsive separation: It ensures that decisions made in the heat of early conflicts aren’t permanent.

Even in cases of mutual consent, the law expects spouses to have lived separately for at least one year before approaching the court, highlighting that separation must be genuine and sustained, not reactionary.

Legal Reason For The One-Year Waiting Period

The One-year waiting period is embedded in statutory law to ensure marriages are not ended hastily. It is rooted in Section 14 of the Hindu Marriage Act, 1955, which bars divorce petitions within one year of marriage, except under exceptional circumstances.

The logic is simple: legal remedies should be sought only after a fair opportunity for reconciliation has been given. The rationale behind this provision includes:

• Preventing misuse of divorce laws for trivial or temporary disputes
• Ensuring consistency across personal laws, as most major matrimonial statutes uphold this one-year standard
• Encouraging stability by not treating divorce as a convenience

In short, the one-year rule serves as a legal “pause button”, a cooling-off period that respects both the seriousness of marriage and the right to exit it when reconciliation is no longer possible.

However, the law is not rigid in every case, and exceptions do exist where one can file for divorce before completing a year of marriage.

Exceptions To The One-Year Rule

Under Indian marriage laws, a cooling-off period of one year is generally required before filing for divorce. But in certain rare and extreme cases, the law makes space for compassion and urgency.

Can You File for Divorce Before 1 Year of Marriage?

Generally, under Indian law, a divorce petition cannot be filed within the first year of marriage as per Section 14(1) of the Hindu Marriage Act, 1955 and Section 29 of the Special Marriage Act, 1954. This rule exists to prevent impulsive decisions and encourage early reconciliation between spouses. However, there are exceptions to this statutory norm. If the court is convinced that the petitioner has suffered exceptional hardship or that the other spouse has committed exceptional depravity, a divorce petition, even before one year is completed, may be allowed.

To invoke this exception, the spouse seeking divorce must file a separate application, supported with facts and evidence. The court will examine the specific circumstances and decide whether the case truly qualifies as an “exception.”

Grounds That May Qualify as Exceptions

1. Exceptional Hardship to the Petitioner: This applies when the petitioner has suffered beyond normal marital strain, such as:
2. • Severe domestic violence
   • Intense emotional or mental trauma
   • Physical abuse
   • Sudden abandonment soon after marriage

These are cases where continuing the marriage, even for a year, would be deeply harmful to the person’s safety and well-being.

2. Exceptional Depravity by the Respondent: This includes conduct by the other spouse that is shocking or morally outrageous, such as:
3. • Cruelty or repeated abusive behaviour
   • Adultery or forced sexual acts
   • Coercion, fraud, or misrepresentation (e.g., hiding a prior marriage or mental illness)
   • Any behaviour that makes living together dangerous or degrading

Note: Minor disagreements or lack of compatibility are not enough. Courts reserve this exception for truly serious, rare, and distressing cases.

Case Law Reference

Vishal Kushwaha vs Mrs. Raghini Kushwaha on 28 March 2022

Parties to the case: Vishal Kushwaha (Appellant, husband) vs Mrs. Raghini Kushwaha (Respondent, Wife)

Facts:

• The parties were married on 21.02.2019.
• They filed for a mutual consent divorce after only about 7 months and 24 days of separation.
• The District Judge dismissed their petition as premature.

Issue: Can the statutory requirement of one year of separation for a mutual consent divorce under Section 13B(1) of the Hindu Marriage Act be waived or relaxed by the court, even if both parties agree?

Judgment: The Madhya Pradesh High Court in the case of Vishal Kushwaha vs Mrs. Raghini Kushwaha on 28 March 2022 held the dismissal of the divorce petition.

• The Court held that the requirement of “living separately for a period of one year or more” before filing for mutual consent divorce under Section 13B(1) is mandatory and cannot be waived or relaxed, even under the proviso to Section 14.
• The Court clarified that the exception to the one-year rule (for “exceptional hardship” or “exceptional depravity”) under Section 14 applies to other grounds of divorce, not to mutual consent divorce under Section 13 B.

Impact: No divorce was granted in this case. The judgment makes it clear that for a mutual consent divorce, the one-year separation period is strict and non-negotiable, regardless of the circumstances.

Mutual Consent Divorce

When both spouses agree that the marriage cannot be continued, they can jointly file for a mutual consent divorce under Section 13B of the Hindu Marriage Act, 1955. This is a faster, less adversarial route, but it, too, comes with time-bound legal conditions.

Timeline

Under Section 13B, the process of mutual consent divorce follows a two-motion system:

1. First Motion: The couple jointly files a petition stating they’ve been living separately for over a year and agree to dissolve the marriage.
2. Cooling-Off Period: A minimum 6-month waiting period follows. This is meant to give spouses time to reconsider and possibly reconcile.
3. Second Motion: After 6 months, but within 18 months of the first motion, the couple must appear in court again to reaffirm their intent.
4. Divorce Decree: If the court is satisfied that reconciliation isn’t possible, it grants the divorce.

So the minimum duration:

Since Section 14 of the Hindu Marriage Act requires a 1-year wait before filing, and Section 13B imposes a 6-month cooling-off, the minimum realistic timeline to get a mutual consent divorce is 18 months from the date of marriage.

Waiver of Cooling-Off Period

However, the 6-month waiting period is not mandatory in all cases and can be waived in specific circumstances.

In the landmark case of Amardeep Singh v. Harveen Kaur (2017), the Supreme Court clarified the nature of the six-month waiting period under Section 13B(2) of the Hindu Marriage Act, 1955, for divorce by mutual consent.

Parties to the case: Amardeep Singh (Appellant) v. Harveen Kaur (Respondent).

Facts:

• Amardeep Singh and Harveen Kaur were married on January 16, 1994, in Delhi, and had two children.
• Due to marital disputes, they began living separately in 2008.
• On April 28, 2017, they reached a comprehensive settlement, resolving all issues, including alimony (Rs. 2.75 crores to Harveen Kaur) and child custody (to Amardeep Singh).
• Both parties filed for divorce by mutual consent and requested the court to waive the six-month waiting period, arguing that they had already been separated for over eight years and that further delay would only prolong their hardship.

Issues: Whether the six-month waiting (cooling-off) period under Section 13B(2) of the Hindu Marriage Act is mandatory or directory, and if it can be waived in exceptional circumstances.

Judgment: The Supreme Court held that the six-month cooling-off period is directory, not mandatory. The court outlined that this period is intended to allow for reconciliation, but should not become a barrier when:

1. The couple has been living separately for more than a year.
2. All issues, such as alimony, child custody, and property division, are settled.
3. There is no chance of reconciliation, and the waiting period would only prolong their agony.

The court concluded that if the marriage has broken down irretrievably, insisting on the waiting period serves no purpose and only increases mental distress. Therefore, family courts have the discretion to waive the six-month period if these conditions are met.

Note: The Supreme Court can invoke its special powers under Article 142 of the Constitution to waive the cooling-off period in order to ensure complete justice between the parties.

Unilateral Or Contested Divorce Timeline

When only one spouse seeks to end the marriage and the other contests or refuses, the process is called contested divorce or unilateral divorce. This route is legally intricate, emotionally taxing, and often time-consuming due to the adversarial nature of proceedings.

Legal Framework

Contested divorces in India are primarily governed by Section 13(1) and Section 13(1A) of the Hindu Marriage Act, 1955.

Under Section 13(1) of the Hindu Marriage Act, 1955, a spouse can petition for divorce on specific grounds, including:

• Adultery, involving voluntary sexual intercourse with someone other than the spouse
• Cruelty, both mental and physical forms
• Desertion by the spouse for a continuous period of at least two years
• Conversion of the spouse to another religion
• A mental disorder that is incurable and severely impacts marital life
• Infection with a serious, communicable venereal disease
• Renunciation of worldly life by entering a religious order
• Presumption of death if the spouse has been missing and unheard of for seven years or more

A contested divorce petition under Section 13(1) can only be filed after one year of marriage, unless exceptional hardship is shown.

Under Section 13(1A) of the Hindu Marriage Act, 1955, a spouse can seek divorce if:

• A decree for judicial separation or restitution of conjugal rights has already been passed, and
• There has been no resumption of cohabitation for at least one year since the decree

Timeline (Minimum Waiting Period Before Filing for Divorce)

• General Rule: No petition for divorce can be presented within one year of marriage, as per Section 14 of the Hindu Marriage Act, 1955.
• Exception: The court may allow a petition within one year if the petitioner can demonstrate exceptional hardship or depravity by the other spouse.

Ground-Specific Separation Requirements:

• Desertion: The petitioner must show that the spouse has deserted them for at least two continuous years immediately preceding the petition.
• Presumption of Death: The respondent must not have been heard of as alive for at least seven years by those who would naturally have heard from them.
• Other Grounds (e.g., cruelty, adultery): The petition can be filed after one year of marriage, provided the ground has occurred.

Judicial Separation/Restitution of Conjugal Rights (Section 13(1A))

• If a decree for judicial separation or restitution of conjugal rights has been passed and there has been no resumption of cohabitation for at least one year after the decree, either party may file for divorce.

Relevant Case Laws:

1. Smt. Saroj Rani vs. Sudarshan Kumar Chadha (1984)

Parties to the case: Smt. Saroj Rani (Petitioner) v. Sudarshan Kumar Chadha (Respondent)

Facts:

• The husband obtained a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act.
• Despite the decree, the parties did not resume cohabitation.
• The husband filed for divorce under Section 13(1A)(ii), citing non-cohabitation for over a year after the decree.
• The wife argued that the husband himself prevented cohabitation and thus cannot seek divorce.

Issues:

1. Can a party who prevents cohabitation after a restitution decree seek divorce under Section 13(1A)(ii)?
2. Is Section 9 unconstitutional for violating privacy rights?

Judgment: The Supreme Court in the case of Smt. Saroj Rani vs Sudarshan Kumar Chadha on 8 August, 1984 held that a party cannot take advantage of their own wrong under Section 23(1)(a) of the Act. If the petitioner is responsible for the non-resumption of cohabitation, they are not entitled to divorce. The Court also upheld the constitutional validity of Section 9, stating that the remedy of restitution of conjugal rights does not violate the right to privacy or personal liberty.

Impact: The judgment helps prevent people from misusing the restitution of conjugal rights just to get a quicker divorce. It also makes it clear that how both spouses behave after the court's order plays an important role in deciding future divorce requests. Most importantly, it highlights that honesty, fairness, and genuine intentions are key in all marriage-related cases.

2. Savitri Pandey vs. Prem Chandra Pandey (2002)

Parties to the case: Savitri Pandey (Petitioner) v. Prem Chandra Pandey (Respondent)

Facts:

• The marriage was solemnised in 1987.
• Wife alleged cruelty and desertion by husband.
• Petition filed for divorce on the ground of desertion under Section 13(1)(ib).
• The question was whether desertion was continuous for two years immediately before filing.

Issues:

1. What constitutes desertion under Section 13(1)(ib) of the Hindu Marriage Act?
2. Whether the requirement of two years’ continuous desertion immediately preceding the petition was met.

Judgment: The Supreme Court in the case of Savitri Pandey vs Prem Chandra Pandey on 8 January, 2002 reiterated that for desertion to be a ground for divorce, there must be (a) factum of separation, and (b) animus deserendi (intention to desert) for a continuous period of at least two years immediately before filing the petition. The burden is on the petitioner to prove both elements. Temporary separation due to anger or other reasons does not amount to desertion.

Impact: This judgment is a source of the meaning and proof of desertion under Section 13(1)(ib). It clarified the strict requirement of a two-year continuous period and the necessity of both physical separation and intention to desert.

Conclusion

So, how soon can you get a divorce after marriage? Under Indian law, the general rule is that you must wait at least one year from the date of marriage to file for divorce. This applies to both mutual consent and contested divorces, as the law prioritises giving couples time to reflect and attempt reconciliation. However, life doesn't always follow legal timelines. In cases involving cruelty, violence, or extreme hardship, the court can grant special permission to file before the one-year mark. These exceptions exist to protect individuals from being legally bound to situations that are mentally, emotionally, or physically unsafe. If your marriage is on uncertain ground early on, know that you're not alone, and you're not without options. The law, though cautious, does offer compassionate exits. Speaking with a qualified family lawyer can help you understand your position and take informed steps forward. Because sometimes, moving on is not just a choice, it’s a right, and a path to peace.

Frequenty Asked Questions

If you're still unsure about the timelines or exceptions related to divorce after marriage, here are some frequently asked questions that might help clarify your doubts.

Q1. Can I get a divorce within 6 months of marriage in India?

Generally, you cannot file for divorce within one year of marriage under Section 14 of the Hindu Marriage Act. However, in exceptional cases involving extreme hardship, cruelty, abuse, or fraud, the court may permit filing before one year if sufficient grounds are proven and permission is granted.

Q2. What is the minimum period after marriage to file a mutual divorce?

You must wait at least one year from the date of marriage to file a mutual consent divorce petition under Section 13B of the Hindu Marriage Act. Both parties must also have lived separately for at least one year before filing.

Q3. Can the 6-month cooling-off period in mutual divorce be waived?

Yes. The six-month cooling-off period after the first motion for mutual consent divorce can be waived by the court if:

• There is no possibility of reconciliation,
• All issues (alimony, custody, property) are settled, and
• Both parties request the waiver.

This is based on the Supreme Court’s ruling in Amardeep Singh v. Harveen Kaur (2017)

Q4. Can one spouse get a divorce if the other refuses?

Yes. A contested divorce can be filed by one spouse on valid grounds such as cruelty, desertion (minimum two years), adultery, mental disorder, or other grounds under Section 13(1) of the Hindu Marriage Act.

Q5. How long does a contested divorce take in India?

A contested divorce typically takes between 2 to 5 years, depending on the complexity of the case, evidence, cooperation of parties, and the court’s workload.

Q6. What are the grounds for contested divorce in India?

Common grounds for contested divorce include:

1. Cruelty
2. Adultery
3. Desertion (minimum two years)
4. Conversion to another religion
5. Unsound mind or mental disorder
6. Renunciation of the world
7. Not heard of for seven years or more

Q7. Can I file for divorce online in India?

Yes, you can initiate the divorce process online on the e-courts portal, but physical court appearances are still required for hearings and the final decree.

Disclaimer: The information provided here is for general informational purposes only and should not be construed as legal advice. For personalised legal guidance, please consult with a family lawyer.