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How can I prove that husband and wife are living separately for the last 3 years, even though they a


17-Jul-2024 (In Divorce Law)
How can I prove that husband and wife are living separately for the last 3 years, even though they are not legally separated? Can husband and wife live separately without divorce?
Answers (6)

Answer #1
308 votes

Yes, in India, a husband and wife can legally live apart without obtaining a divorce. This can happen either through mutual consent or by seeking a judicial separation order from the court. However, living separately comes with legal and financial implications that both spouses should carefully consider.

When seeking divorce on the grounds of separation, couples must prove they have lived apart for a specific period typically at least one year and have no intention of reconciling. Evidence of separation can include proof of different residences, communication records showing minimal or no interaction, and even witness statements.

To establish separation for legal purposes, it must be shown that there is both physical separation and a clear intent to end the marital relationship. This can be supported through documentary or circumstantial evidence, affidavits, and, if mutually agreed, a formal separation agreement. Such an agreement can also help clarify financial arrangements, property division, and child custody during the period of separation.

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Answer #2
738 votes
Hi, From your query it is not possible to know the complete facts of the case and in this situation it is difficult to clarify and advise you correctly. You are suggested to provide the complete facts. Thanks and regards
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Answer #3
649 votes
The said fact may be proved by the residential proofs, i.e. such as electricity bills, gas bills, telephone bills, etc. Any letter addressed to such address since last 2 - 3 years will also be sufficient proof. If none of the above is available, then the affidavit of any one witness i.e. any neighbour who is not having any interest in the said case will be sufficient evidence.
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Answer #4
757 votes
Well your question is wonder fili you are asking such a pity question from a team of Law yet is it a question.of law which you are asking normally husband wife knows better then other person well is ypu want to.proof in court best answer is since you do not have any physical relation.eith each other for that you can contact our team of lawyer for futhet query or for filing petition.
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Answer #5
586 votes
Are both living in same house or different house? It can be proved by documentary evidence as well as circumstantial evidence. If one party controvert then you should seek permission of court to lead evidence to prove factum of separate living. For details you may contact me on phone through this website.
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Answer #6
504 votes
The facts claimed in a Court of law are required to be proved by evidence whether documentary or statements of witnesses. If husband and wife are staying away for three years there would be plenty of evidence in the form of letters or mails in which these facts would have been mentioned. If she stays in another city proof of that can be produced. Else people around including members of your family who have gained knowledge of such separation can depose.
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