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DI’m reaching out on behalf of a close friend who’s currently navigating a very tough personal situation. He got married just 4 months ago. Due to work commitments, his wife had to move back to Hyderabad almost immediately, while he stayed in Pune. They barely got to spend time together as a married couple.
Now, unexpectedly, his wife has asked for a divorce, saying she couldn’t develop emotional attachment and doesn’t see a future in the marriage. This came as a shock to him. From the beginning, her interest in the relationship seemed limited, but he had hoped things would improve with time.
What’s even harder is witnessing his family break down emotionally and physically under the strain. While initially heartbroken, he now feels emotionally detached too and is considering accepting the divorce and moving forward.
He’s looking for clarity and guidance — legal, emotional, or practical — on how best to proceed in such a situation. Any advice from those who’ve seen or experienced something similar would be deeply appreciated.
Please feel free to share your thoughts in the comments or via DM. Thank you in advance for your support.
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DHi. I’m a Delhi based lawyer, with an extensive background experience in matrimonial matters. Since they haven’t been married for a year, let alone living apart for that period of time, a divorce petition cannot be filed at the moment. However, their marriage can be annulled basis the grounds for annulment provided under law.
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DLack of consent due to fraud/coercion etc, impotency, pregnancy from another person at the time of marriage etc
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DOh, ok. It doesn’t seem any of these reasons fits the grounds for annullment here in his case.
Any other suggestions! -
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STell your friend he’s lucky — he should go for a mutually consented divorce immediately. Think of it as dodging a bullet.
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DAbsolutely!
However can the divorce petition be filled within a year of marriage? And also who should initiate divorce proceedings, his wife of himself?-
SAbsolutely. Your friend’s actually lucky — if the wife wants out this early, the smart thing is to go for a Mutual Consent Divorce under Section 13B of the Hindu Marriage Act. Now, since the marriage hasn’t even completed a year, Section 14 kicks in, which normally doesn’t allow divorce filing within 12 months. But there’s a way around that — your friend can file an application along with the divorce petition, asking the court for permission citing “exceptional hardship” or “breakdown with no possibility of reconciliation.” The fact that they barely lived together, have no emotional connection, and she’s already checked out mentally, makes it an easy case for early permission.
Once that’s cleared, they can proceed with the 13B petition. Normally there’s a 6-month waiting period between filing and final hearing, but even that can be skipped if both parties apply to waive it — based on the 2017 Supreme Court ruling in Amardeep Singh v. Harveen Kaur. If both are on the same page, the whole thing can be wrapped up in about 30 to 60 days. Clean, fast, and no courtroom drama.
Now as for handling her — this isn’t about emotions or fairness anymore. It’s about closing this chapter without getting dragged into false cases, demands, or years of litigation. Your friend just needs to play it smart: stroke her ego a bit, keep the tone calm, don’t argue or get defensive, and present divorce as something that’s good for both. Say something like, “You’ve always been honest about your feelings and I respect that. No point dragging a marriage that’s not working. Let’s part ways peacefully — quick, quiet, and without legal mess.” That one line can get her to lower her guard.
Get a short settlement agreement signed stating neither side will claim maintenance or raise any issues later. If she cooperates, it’ll all be over fast. If she stalls, then your friend should still be the one to file first — that way, he controls the narrative and avoids being on the back foot later. But ideally, get her to agree, get her signature, and walk out with peace of mind intact.
And at last consult a good lawyer in same line-and-length before making any step forward.
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