Automatic Divorce after 2 years in India for Husband

326 votes

What is Automatic Divorce in India?

There is nothing known as automatic divorce in India. Divorce is possible only through Court, even if the couple has been living separately for 2 years or more. The only way a couple can get ‘automatic divorce’ as such in India is if the marriage is annulled i.e. if the marriage has been declared null and void.
 

Procedure and Grounds for Divorce

The parties - husband and/or wife are require to approach the Courts and file for Divorce. There are a few different grounds on which a couple can file for divorce in India. However, do note that In India, the laws governing divorce can vary depending upon the religious affiliation of the parties involved (husband and wife). If you are considering getting a divorce in India, it is important to speak to an experienced family lawyer who can advise you on the best course of action for your specific circumstances. Despite the varying personal laws governing the institution of marriage and divorce, some common grounds include adultery, cruelty, desertion, conversion, mental disorder, venereal disease, etc. If the couple is able to set out and prove one of these grounds, the Court may grant them divorce.

Under the Hindu Marriage Act, as applicable to Hindus, if a couple has lived separately for a minimum of one year, they may file for a divorce by mutual consent (i.e. divorce with the consent of both parties). If they are unable to agree on the terms of the divorce, they may need to file for a contested divorce, which can be a more lengthy and complicated process. Additionally, the Hindu Marriage Act also makes desertion a ground for divorce, which may be sought in case a person has been deserted by their spouse for a continuous period of at least 2 years, immediately preceding the petition for divorce. However, it is important to understand that the term desertion is distinct from just separation and is required to be proved to procure a decree of divorce.

LawRato LawRato

857 votes

If both of you are living separately for the period of 2 years and there is no scope of any kind of cohabitation then you can always apply for divorce in the family court according to your jurisdiction. But if you want to stay with her then you need to file a petition u/s 9 to call back your partner. For more legal assistance I am just a call away.

Advocate Jitender Singh LawRato

519 votes

The time limit has certain rules like wise a spouse goes out for Jon or business then u. Any take that period as two years separation !
We need for facts on your case n thenceforth we can guide you with the options suitable n available !
Thanks
N b in touch

Advocate D. Khan LawRato

947 votes

Hello sir/Mam we will help in this regards pertaining to the mutual divorce. There is provision in the Hindu marriage act clearly stated when the wife and husband been separated since atleast 1 years the mutual divorce can be granted easily.. further information you can connect with us

Thank you

Advocate Himanshu Jain LawRato

664 votes

on this basis you can approach the court for divorce but there is nothing like automatic divorce. one has to approach the court and file application under suitable section. The court will also decide the alimony to be paid by you to wife and grant you the divorce.

Dr Ajay Kumar Pandey LawRato

880 votes

Hello Sir

as per Indian laws automatic divorce is nothing as such recognized
the parties have to apply for divorce mutual or contested depending upon your situation
please feel free to call us for better assistance and discussion on this issue
thanks

Advocate Harneet K LawRato