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Can i file for divorce while living in the same house ?


17-Jul-2024 (In Divorce Law)
Can a husband file divorce while living together with his wife in same house ?
Answers (4)

Answer #1
64 votes

Yes, it is possible to file for divorce in India even while living under the same roof as your spouse. There is no legal requirement to live separately before initiating divorce proceedings under laws such as the Hindu Marriage Act, 1955. The Supreme Court has clarified that cohabiting in the same house does not prevent a spouse from seeking divorce. However, in cases of mutual consent divorce, a period of separation (typically one year) may be required before filing, though this does not always mean living in different houses it simply refers to the absence of a marital relationship.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
619 votes
on the above mentioned query if the spouse is living together then the spouse files the case for mutual consent divorce what is 13 B in Hindu marriage act and if anyone wants to file a divorce petition he oblique she can file divorce petition on the ground of impotency and importance e is the best ground for divorce during he or she living together
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Advocate Ankit Gupta

Adv. Ankit Gupta

LawRato Lucknow | 400+ Answers
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Answer #3
574 votes
Yes as per the view of the Supreme Court if husband and wife living together under the same roof also have the rights to file a divorce case but there must be no cohabitation between them. And even many High courts also gave their views on this aspect
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Advocate Deepak Saini

Adv. Deepak Saini

LawRatoNoida | 25+ Answers
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Answer #4
523 votes
Yes. Divorce Petition can be preferred by staying together and there is no any precondition of Hindu Marriage Act, 1955 that parties should stay separately. The requirement of Law would be no any cohabitation between both the parties and thus staying together in my opinion would not be the bar to file matrimonial proceedings on the grounds as contemplated in the said Act of 1955. kindly visit chamber for further details
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Advocate Prashant Chandra

Adv. Prashant Chandra

LawRatoLucknow | 100+ Answers
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