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Can divorce be filed if we are living together.


10-Mar-2023 (In Divorce Law)

I hv got married 3 months back but my marriage has not consummated due to my husband's willful refusal for sex ...although he is physically nd mentally fit now he is asking for divorce but I dnt want to give ...so can he file for divorce after 1 year when we are still living together in the same roof...if he take the stand then what should be my stand.

Answers (3)

Answer #1
652 votes
Divorce has to be filed after a year of marriage. This is as per Section 14 of the Hindu Marriage Act. Your husband can file a divorce even if you both are living under the same roof. But if he files such a case is filed you can file objections to the same and file a case for restitution of conjugal rights, which means that you want to continue living with your spouse.
Answer #2
953 votes
He can file divorce only after one year of marriage and that too only on the ground of cruelity but its bit difficult to prove the same as we have so many supreme court judgements that shows that one party's willingness is not enough to take the divorce from other. He has to prove many othr things for divorce and you also can contest the same on many grounds
Answer #3
945 votes
Legally few court in India have rule denial of sexual right amounts cruelty which is valid ground for divorce for safety purpose I would advise you to go into a family mediation I hope it will turn fruitful avoid litigation as a last resort.

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