How many years of separation can aid in an easy divorce

758 votes

The easiest way to get a divorce is to go for a mutual consent divorce where the husband and the wife together approach the court for dissolving the marriage. For filing this, you require 1 year of separation before filing of petition. Therefore, your brother is eligible to file a divorce by mutual consent.

Advocate Satakshi Sood LawRato

889 votes

Divorce is never easy under Hindu Law However Minimum one year of separation is required.Easy Divorce can only be obtained if both the party to the divorce aggre to divorce by mutual Concent otherwise You have to seek divorce on the grounds provided in Hindu Law.

Advocate Amit Gaurav LawRato

924 votes

There is no such requirement and there is nothing known as "easy divorce". The Courts will take its own time. The easiest and most time effective method is if the parties decide to settle the matter mutually.

Advocate Nidhi Jha LawRato

871 votes

THE TIME PERIOD FOR WHICH THE COUPLE IS NOT LIVING TOGETHER IN YOUR CASE IS SUFFICIENT TO ESTABLISH THAT A VALID DIVORCE CAN BE FILED IN YOUR CASE. PROVIDED THE AREA YOU RESIDE IN, IT SHALL BE DETERMINED THAT WHERE SUCH PETITION SHALL BE FILED

Advocate Shobhit Shukla LawRato

700 votes

If your brother and sister in law want to go for mutual divorce then the period of separation should be 1 year. Since now they have been separated for more than an year they can file for mutual divorce. If they are not ready to settle for mutual divorce then after a period of 2 years of separation your brother can file for divorce on the ground of cruelty and desertion.

Advocate Suparna Sinha LawRato

702 votes

Dear Sir,
the ground for divorce is Adultery,Cruelty,Desertion,Conversion,Unsoundness of mind, Schizophrenia, Virulent and incurable leprosy Venereal disease in communicable form etc. Further as per your question desertion will be applicable Section 13(1) (ib) of the Hindu Marriage Act, 1955 deals with desertion as a ground for divorce and the explanation of the same reads: “The expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent of or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly”. There are mainly four basic elements which are primarily to be satisfied to constitute desertion. The first two are to be present in the deserting spouse.

The fact of separation (factum deserdendi)
The intention to desert ( animus deserdendi)
Desertion is a state which occurs only on the co-existence of both of these elements. If either of these two ingredients is absent, the petition for divorce on desertion fails.The interesting phenomenon in desertion is that either of the elements can precede the other; however, desertion will result only when both coincide and form a union. And Willfully deserting or abandoning the petitioner for a continuous period of two years prior to the filing for divorce

Advocate Suman Kumar Singh LawRato