Can divorce be filed if the spouses are not living together?


I got married in apr 2016 and living separatly from sep 2016. I want to apply for mutual consent divorce. Will i get waiver of 6 month cooling period

Answers (5)


337 votes

Hi,
You may get waiver of six months on the facts mentioned but you may have to file separate petition for the same stating the facts and circumstance including future life and chances of resettlement in life.


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52 votes

The Supreme Court,in the case of Amardeep Singh Vs. Harveen Kaur (2017), has held very categorically that six months'
waiting/ cooling period as mentioned u/s 13B(2) of Hindu Marriage Act, 1955 for grant of divorce by mutual consent in not mandatory but merely directory. It was further observed that it will be open for the Court to exercise its discretion of waiving the aforesaid period of six months if there is no possibility of parties resuming cohabitation and there are chances of alternative rehabilitation. The fact that you and your wife separated after a short time-span of about five months of marriage and have been living separately since then is a good ground to convince the Court that the waiting period will only prolong your agony and therefore, divorce by mutual consent should be granted in your case.

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227 votes

The prerequisite for granting divorce by mutual consent is that the spouses must be living separately for atleast 1 year and that the marriage is at least 1 year old. Yes you will be eligible for 6 months waiver after filling of the first motion. For immediate relief you can seek annulment of the marriage.

248 votes

There are chances that you can get waiver of cooling down period. Your case and the circumstances are the main components when it comes to giving waiver of cooling down period. You have to show that the marriage has si irretrievably broken down that there are no chances of co habitation.

266 votes

Yes, you may apply for the mutual divorce. In that case for waiving off the period special permission is allowed by the competent court. It needs to be well contested for waiving period and hence your query can easily be sorted out. You may contact us for the same by easiest and fastest mode channel

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