How long should be the separation period to file divorce petition

Question

How long should be the separation period to file divorce petition

26-Mar-2024 (In Divorce Law)

My wife left our family home last year in September 2023. We have been living apart since then with no contact. For how long do I need to wait before I can file a divorce petition? Earlier I heard that it was 1 year but now it can be filed before 1 year.

Answers (5)

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Dr. Paul George Giri
you can file petition for Divorce, restitution of conjugal rights, annulment of marriage, judicial separation based on the reason for desertion. Contact a legal expert.

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Advocate Mukesh Kumar Sah LawRato · Accepted Answer · 2024-03-26T07:24:51+05:30

Answer #2

yes, you can file judicial separation on any of the ground mentioned in section 13 of Hindu Marriage Act e.g. adultery, cruelty , desertion, if in your marriage there is any Fraud , misrepresentation ,then you can file for Annulment of marriage, you will will be not liable to pay maintenance.

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Adv. Mukesh Kumar Sah Adv. Mukesh Kumar Sah

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Advocate Anurag Jangra LawRato · Accepted Answer · 2024-03-26T08:24:10+05:30

Answer #3

you can file the divorce petition at anytime if you feel aggrieved on other grounds as such. what really your reason is in this divorce petition it totally depends on that and further more what you willing to seek near future

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Adv. Anurag Jangra Adv. Anurag Jangra

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Advocate Jitender Singh LawRato · Accepted Answer · 2024-03-26T10:29:30+05:30

Answer #4

If the behaviour of your partner is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal and if there's no scope of living together then rather than stretching the relationship you should file for a contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.

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Advocate Priya LawRato · Accepted Answer · 2024-04-03T17:53:47+05:30

Answer #5

as you both are living separately since 2023 , you can file for divorce . yes you heard it right courts consider one year criteria and divorce can be filed even before the completion of one year on the irretravable ground of marriage.

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Adv. Priya Adv. Priya

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