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Automatic Divorce After 2 Years in India ? Legal Process & New Rules
04-Oct-2024 (In Divorce Law)
No. Two years-non'cohabitation does not automatically end a marriage in India; a court decree is required. You can file a joint petition for divorce by mutual consent under Section 13B (requires living separately for one year and court decree). [https://indiacode.nic.in/handle/123456789/1560'locale=en] Alternatively a spouse may file a contested petition on the ground of desertion under Section 13(1)(ib) (desertion must be continuous for two years and proven with animus deserendi). [https://indiacode.nic.in/handle/123456789/1560'locale=en] The Supreme Court has held that intention to permanently abandon (animus deserendi) is an essential element of desertion (Bipinchandra Jaisinghbhai Shah v. Prabhawati). [https://www.casemine.com/judgement/in/5609aaf8e4b014971140b5f3] Courts have also treated prolonged separation and associated conduct as relevant to grounds such as mental cruelty (Dr. Malathi Ravi v. B.V. Ravi). [https://www.casemine.com/judgement/in/5609aad5e4b014971140b1a3]
What is Automatic Divorce after 2 years in India?
There is no concept of automatic divorce in India. Even if a couple has not been living together for 2 years, divorce can only be granted through the court.
The only time when a marriage can be dissolved automatically is when it is annulled, which means that it is declared null and void by law.
Procedure and Grounds for Divorce in India
If both you and your wife want to get a Divorce, you can file a Mutual Divorce Petition in the court.
However, if one of the spouses is not willing to get a divorce, either the husband or wife must approach the court and file a Contested Divorce Petition. The grounds for Contested divorce in India can vary based on religious laws. However, common legal grounds include adultery, cruelty, desertion, conversion, mental disorder, venereal disease, and more.
Under most divorce laws in India, like the Hindu Marriage Act, desertion is a valid ground for divorce if one spouse has abandoned the other for at least 2 years before filing the petition. However, desertion is legally different from mere separation and must be proven in court for a divorce decree to be granted.
It is advisable to consult an experienced family lawyer to understand the best legal course based on your specific situation.
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The court will also determine the alimony (if applicable) that may need to be paid to your wife before granting the divorce. Let me know if you need further assistance!Â
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