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Married couple staying separately since 4 years can they get divorce


14-May-2023 (In Divorce Law)
i wanna know how much time it takes for divorce granted.couples were in married life for 8 yrs with a girl child.now sincd last 4 yrs couples stay sepertly while mom having girl with herself since last 2 yrs on girl wish whos 13 now.si can they get automatic divorce by law as they r seperated sunce 4 yrs.n both of them r having live in relationship with another partner individually
Answers (3)

Answer #1
813 votes
Hii Sir..
There is no provision of automatic divorce in Indian law...
Minimum 6 months required in case of divorce by mutual consent...
In ur case it seems that both the party are agree to get divorced, so i request you to file the mutual divorce petition for the same..

Answer #2
843 votes
there is nobspecific time prescribed as to passing a decree of divorce .howeverseperation from marital relationship is a good ground of divorce however no marriage ends automatically one has to apply for dissolution of marriage under a decree of the court and the live in relationship ipso facto does not end marriage but is a ground for divorce and every marriage solemnized can only be ended by a decree of divorce issued by a competent court of law
Answer #3
698 votes
If both the partners agree, they can file a petition for mutual divorce.
As per law, you have to show at least six months of separation after filing for divorce and then you can get a decree of divorce.
Although in your case, you can claim the waiver of six months due to the period of separation already elapsed.
But only the Court of Law can decide whether to grant you immediate divorce or to comply with the statutory period of ix months.

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