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1yr of marriage but have been living separately for less than a yr


04-Mar-2024 (In Divorce Law)
My husband an i plan to file a divorce. We have not been together for a month and completion of June (our 1st year completion) would be 3 months. However under one of the conditions of mutual divorce is 'Both parties must mutually agree to the divorce, and it must be established that they have been living separately for at least one year before filing the petition'. Would the divorce still stand valid? or should we wait a year to file?
Answers (3)

Answer #1
714 votes
in this case there is a provision under which you can ask permission from court by filing an application to file the divorce petition before one year of marriage stating valid reasons, if the court allows it the divorce petition will be entertained, hence you can apply to court and go for mutual consent divorce and the said divorce will be valid.
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Advocate Bharat Narasgouda

Adv. Bharat Narasgouda

LawRato Belgaum | 25+ Answers
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Answer #2
695 votes
Dear Madam, You must say before the Court the Divorce is required on exceptional grounds because you are not entitled for mutual divorce. Thereafter, one of the spouse should not appear or say that the grounds urged by the other spouse are true and correct and thus the marriage may be declared as null and void and ultimately you may get divorce.
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Advocate Kishan Dutt Kalaskar

Adv. Kishan Dutt Kalaskar

LawRatoBangalore / Bengaluru | 1000+ Answers
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Answer #3
555 votes
You can file application seeking waiver of the one year period of having stayed separate and get it allowed by placing relevant arguements before the court. The court if convinced will pass necessary orders and there after file another application seeking to waive off the 6 month waiting period. That way the court can be considerate of these circumstances such as one party leaving the country /city and take up your case as a one off case to allow the applications
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Advocate Ankith S Reddy

Adv. Ankith S Reddy

LawRatoBangalore / Bengaluru | 25+ Answers
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