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if husband and wife not living together for 3 years, Is divorce possible?


03-Jun-2024 (In Divorce Law)
One of my cousin marriage to a boy what they do not live together after the mutual understandings of our families to marry after some time according to rituals But boys family still demand for more time to marry his elder brother Is their any possibility of nullifying the marriage on this basis that they do not live together for 3 years or on this ground is it possible to filled for divorce from boys side more time will be given to them or not ,can we get automatic divorce after long separation ?
Answers (5)

Answer #1
292 votes

In India, a period of three years of separation between a husband and wife can serve as a significant ground for filing a divorce. However, separation alone does not automatically result in the dissolution of marriage. Couples may file for divorce by mutual consent after living apart for at least one year. Alternatively, if mutual consent is not possible, one party may file a contested divorce, citing prolonged separation as grounds for desertion or mental cruelty, depending on the circumstances. Thus, while three years of separation strengthens the case for divorce, the legal process must still be followed to obtain a formal decree.

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Advocate Chikirsha Mohanty

Adv. Chikirsha Mohanty

LawRatoDelhi | 200+ Answers
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Answer #2
768 votes
Yes you can file divorce petition in the court together for three years on mutual basis or separately on the basis that they are not living together for three years. But there is no possibility of nullifying the marriage on the above basis.
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Advocate Mukul Saun

Adv. Mukul Saun

LawRato Pilibhit | 25+ Answers
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Answer #3
867 votes
Yes, divorce is possible on the ground of separation. ..but your cousin has lots of alternative remedy. She can move the resrestitution of conjugal rights and if husband is also want to live with her and the husband's parents are not letting to meet him with his wife (your cousin) , then you can come to the high court directly under the habeas corpus writ petition. You can contact me directly by call
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Answer #4
964 votes
If you Hindu than you both parties are get divorce in Court under section 13B or Hindu marriage. Act by mutual consent. But if opposite party not ready for get divorce from mutually than you can file divorce on ground of not living together or not match the thinking. For more information you can call me.
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Advocate Satish Bhati

Adv. Satish Bhati

LawRatoGreater Noida | 400+ Answers
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Answer #5
940 votes
If you belongs to Hindu, then boy side can file an application under section 13 of the Hindu Marriage Act ,1955 against you alledging that the family members of my wife are not send to my wife.It is a physical cruelty against the husband ,it is a good reason for divorce to him.
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Advocate Deepak Kumar Verma

Adv. Deepak Kumar Verma

LawRatoAllahabad | 25+ Answers
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