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Clarification on divorce due to living separately


04-Apr-2023 (In Divorce Law)
I am a hindu, married recently, and living separately from my wife, who has till now refused to move in with me. We have no children, and no jointly owned property. 1) Once I complete 1 year of marriage, and she still refuses to live together, can I file a petition of divorce by myself or will it require a joint filing with her consent? 2) In case during the year we travel to each other's location and stay for couple of days, does that count as living together, although it is not living on permanent basis? 3) In case a petition has been filed after 1 year of marriage, she then changes mind and tells she is ready to move in just to avoid divorce, will I not get a divorce or can I still proceed with the divorce from my side? Thanks.
Answers (1)

Answer #1
867 votes
hello regarding point 1 after one year of marriage if she still refuse to live with you you can file divorce on your own, regarding point 2 even residing together will be counted as living together ad couple. Regarding point 3 in contested divorce you can proceed but in case it is divorce with mutual consent you need to withdraw
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