Can a mutual divorce be filed while the couple resides together


My husband and I have had no marital relations for the last 8 years and though we reside in the same house, we are separate (as in separate bedrooms). We both want a divorce but staying apart for 1 year and then filing will take too long. What if we give an affidavit that we have been living separately (separate houses) for 1 year? Will this be checked? How do we avoid this 1 year clause as its becoming intolerable and I need to move on with my life. the only reason I am in the same house is because of economic reasons and nothing else.

Answers (5)


50 votes

You can file for a mutual divorce and also file for an application for waiver of the waiting period. The thrust of the application would be that differences have arisen which cannot be mended by conciliation and yes, an affidavit would also be required.


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111 votes

It doesn’t matter that you have been staying away, you can very well file a petition for mutual divorce on agreed terms and conditions. Recently Supreme Court has even done away with the mandatory period of 1 year to get mutual divorce, it is speedy now and can be done in one motion. Plz contact m for further assistance.

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331 votes

If both of you agree, then you can file for mutual divorce, it will take not more than 7 months. but if you are contesting the same on merits, then it will certainly take a long period. Take care of maintenance amount. You can file before concerned Family Courts. Living under same roof does not bar proceedings for divorce under Hindu Marriage Act.

328 votes

Hello client hru.
I have read Ur query very well u both as a couple living together in same house . with out any relationship from last 8 yrs. You both want to live seperate but as a married couple you both want to live u own life.due to economic reasons you are bound to live seperate.yes it can be done.

181 votes

The question of whether the minimum period of six months stipulated under Section 13B(2) of the Hindu Marriage Act, 1955 (the Act) for a motion for passing decree of divorce on the basis of mutual consent is mandatory or can be relaxed in any exceptional situations came before the Hon'ble Supreme court in case of AMARDEEP SINGH Versus HARVEEN KAUR.
In this case Hon'ble supreme court has decided that a case is made out to waive the statutory period under Section 13B(2), it can do so after considering the following :
i) the statutory period of six months specified in Section 13B(2), in addition to the statutory period of one year under Section 13B(1) of separation of parties is already over before the first motion itself;
ii) all efforts for mediation/conciliation including efforts in terms of Order XXXIIA Rule 3 CPC/Section 23(2) of the Act/Section
9 of the Family Courts Act to reunite the parties have failed and there is no likelihood of success in that direction by any
further efforts;
iii) the parties have genuinely settled their differences including alimony, custody of child or any other pending issues
between the parties;
iv) the waiting period will only prolong their agony.

So considering the facts which you have mentioned 6 month clause can be relaxed in your case. In case of any other help please do contact us.

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