Clarification on separation of husband and wife for mutual divorce

Is one year separation is compulsory for mutual divorce, or what if huband wife r in relationship.

Answers (4)

112 votes

Yes it is required that husband and wife are living separately for one year for filing divorce by mutual consent. Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent.

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197 votes

As per provisions of Hindu Marriage Act ,before filing for a joint petition for divorce by way of mutual consent the parties must be living sepertely for one year .It is not necessary that parties are living at separate places.The parties can live at seperate places or under one roof ,but for last one year ,before filing the petition, there should not be any marital relationship between them.In the petition they are also required to state that they cannot live together anymore.

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67 votes

no one year separation is not compulsory for mutual divorce and it can be taken at any time when mutually agreed and nothing would happen when husband and wife are in relationship. The provision of divorce by mutual consent is totally different from other form of divorce.

332 votes

Yes. As per law 1 year of separation is necessary for divorce under mutual consent. However there are instances where such a requirement can be dealt with.
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