My wife and I stay in same house but different rooms is it separation
13-Sep-2023 (In Divorce Law)
I and my wife doesn't have any relationship from past 1 year. We stay in same house but in different rooms. Are we eligible to file for divorce?
When you say file for Divorce, are you referring to a Mutual Consent Divorce? If yes, you can. The meaning of separation of 1 year referred to under Sec 13 B also includes physical separation. If you are referring to a contested Petition, then the grounds will have to be looked at to understand at whether you have a case for Divorce or not.
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As per your query
Firstly, though you both don't have any relationship and are living in different rooms in the same house, this will not be considered as separation in the eyes of law. Secondly since one year has elapsed for your marriage you both are eligible to approach the court seeking divorce.
Firstly, though you both don't have any relationship and are living in different rooms in the same house, this will not be considered as separation in the eyes of law. Secondly since one year has elapsed for your marriage you both are eligible to approach the court seeking divorce.
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yes. but you have to show that you are living separately from last so many days. and if both of you are ready to file acase mutually then it will be so easy to file the case. you have to decide whether you want divorce mutually or regularly then we can move further.
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