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How is separation period calculated in case of divorce?
11-Jan-2023 (In Divorce Law)
Since I want to get divorce from husband and it requires one year separation, can this duration be decreased bcause im only married for two months and my husband is not in contact with me for last one month. Separation means just living separately or does it require any procedure from court? How is the separation period calculated?
If you are a Hindu or the Marriage is registered under the Special Marriage Act then any divorce Petition can be filed only after a year from the date of marriage.One year separation is required only for mutual consent divorce,further separation in this context means no conjugal relations between husband and wife living separately or under the same roof.In your case it would be calculated from the date you left matrimonial home or he left home .
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Adv. Shalini Devi
Mumbai | 400+ Answers
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If both party mutually agreed to separate from each other then only one year separation is considered. There is no such procedure from the court of law. When both party leave separate from each other it will be considered as separation.
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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hello, i have been through your query and i understand your query, i think you should file a divorce case after the completition of one year of marraige and right now if you are staying seperately please notify it by legal notice to your husband
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Adv. Darshan Subhash Oswal
Pune | 100+ Answers
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