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File for divorce without 1 year separation


05-Mar-2024 (In Divorce Law)
We’ve been married for 6 years and have a child who is 4 years old. . We’ve been living in separate rooms for 4 years now. And recently wife moved out of the house. 4 months ago. Law states , 1 year separation is required. Can we still file for mutual divorce. Even though it’s been 4 months since my wife moved out ?
Answers (2)

Answer #1
676 votes
Yes you can file mutual divorce petition in court. If you are Hindu according to section 13 you can file a mutual divorce petition. If you are in others on a special marriage act section 28 you can file a petition.
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Answer #2
712 votes
Yes ,you can file for Mutual consent Divorce .My clients have been staying in the same house and we have mentioned in the Petition and still mutual consent Divorce was granted. It's last week that Divorce was granted in Belapur court.
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