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Divorce Suggestion- Separation Issue


08-Jul-2023 (In Divorce Law)
HelloIs it necessary to show I am living alone in a separate place for a year or more before I can file for divorce in Delhi? nnPlease suggest in detail. Thank you
Answers (5)

Answer #1
876 votes
Yes, it is mandatory to mention the separation for a period of divorce in India in case you both are going for a mutual consent divorce under section 13 b of the HMA. However, for filing a contested divorce case one separation period is not mandatory.
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Advocate Anubhav Kathuria

Adv. Anubhav Kathuria

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Answer #2
797 votes
Living Separately an Essential requirement for Mutual Divorce in India. The period of one year living separately is absolutely essential to the filing of the petition under section 13B of Hindu Marriage Act and as such, its waiver would be impermissible as per law.
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #3
593 votes
No…it’s not necessary. Divorce can be filed even if both the parties are living under the same roof also. Mutual Divorce is cost effective and gets over within maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #4
808 votes
more than one year of marriage is required to file for divorce .... u may be living under one roof still u can contest for divorce on various grounds... hope it makes things clear to u ... but for mutual divorce u need to show one year separation
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Advocate Rohit Manan

Adv. Rohit Manan

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Answer #5
832 votes
We need more facts on your case. Kindly be in touch …we also need to know whether u r going on mutual divorce or contested one ….! Exemption of tenure of waiting period can also be consider depending on facts ….
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Advocate D. Khan

Adv. D. Khan

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