Is staying separate for 6 months a valid ground for divorce?

263 votes

First of all, no your husband cannot file a Divorce Petition on the ground that you both have been staying separately for past 6 months. 

As you have stated that you want to stay with your husband, the legal recourse available to you is to file a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act in the Family Court and get a decree in your favour.

Section 9 of the Hindu Marriage Act 1955 has been explained below for your understanding:

Section 9. Restitution of conjugal rights - When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply, by petition to the district court, for restitution of conjugal rights and the court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.

Please also note that where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of proving reasonable excuse shall be on the person who has withdrawn from the society (your husband in this case).

There are other coercive ways as well which shall include registering complaint in the women cell, however we would suggest you to adopt the former approach and in case the same fails, go for the latter.

LawRato LawRato

418 votes

The Hindu Marriage Act of 1955, Section 10, allows spouses to legally divorce by suspending the marriage. If the husband has been living apart from his wife for six months, he can file a legal separation application with the court. The husband will need to prove that he has a valid legal basis for requesting relief.

Advocate Chikirsha Mohanty LawRato