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Living separately after marriage can they file for divorce
22-Dec-2023 (In Divorce Law)
my partner & I want to get married we are of Hindu religion we are in relation for last 6 years as he was forcefully married by his family under pressure to another girl.as they are staying seprate after after marriage year 2013 till date they are staying separate & they didnot stay together for a single day.girl is not ready to gave divorce. so pls suggest way to get divorce or any legal way to get us married. my partner had tried to convince them for divorce but they are not giving.
If the lady is not ready to give divorce then you have to wait for a period of 7 years according to Hindu marriage act the husband and wife if not living together for more than 7 year the marriage becomes null and voide. Your partner can file a divorce case also on the same ground of not living together and having no physical intimacy .
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Can I divorce after 6 months separation?
Both spouses have to agree on the divorce, and they must both have lived separately for at least 6 months. After the divorce has been finalized, there are restrictions as to what can be done. For example, the couple cannot have contact and they can't share property.
Is it compulsory to live 6 months before divorce?
The Supreme Court, headed by Justice SK Kaul and a five-judge Constitution Bench, said it can dissolve a Hindu marriage through mutual consent without the six-month waiting period required by the Hindu Marriage Act of 1955. 01-May-2023
How long can husband and wife live separately?
Couples should not be apart for longer than six months, or at most one year. During this time, it is important to make conscious and sustained attempts to address the problems that distance can bring, such as loneliness, infrequent sex and lack of emotional or physical support. 13-Apr-2019
What happens if husband and wife live separately?
They are still considered to be married, even if they live apart. It has an important consequence: They are not legally allowed to marry anyone else. If one spouse doesnt leave a testament, the other spouse inherits automatically from the person without a last will.
Firstly your question is not complete one. If husband and wife lived seperately from 2013 then he simply send a notice to his wife for what he want after receiving reply of wife then husband can take action otherwise he can file a suit u/s 13(i-a) (i-b) on the ground of cruelty and desertion.
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Adv. Sushama Mohan
Nagpur | 100+ Answers
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Dear client he have to take divorce from court. If u both married without divorce then his wife can file case of bigamy against both of u. And u both will jail for five years. He can file divorce on the ground of desertion. For any legal help call me
Adv Prasad Patil
Pune
Adv Prasad Patil
Pune
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The husband can file for Divorce on the ground that there are irreconciliable differences between the two and therefore they have been living seperately for more than 3 years now. The entire procedure of getting divorce can range anywhere between a 1-2 years. And no you can't get legally married before they are divorced.
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Adv. Aniket Dabadghao
Nagpur | 25+ Answers
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Hi
In this case your partner needs to file divorce petition before the court.
The matter will be decided by contesting on merits then he can get divorce and after appeal period is over you can marry him
In this case your partner needs to file divorce petition before the court.
The matter will be decided by contesting on merits then he can get divorce and after appeal period is over you can marry him
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Adv. Rohit Shaligram
Pune | 500+ Answers
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