Is Staying Separate for 6 Months a Valid Ground for Divorce?

Can My Husband File for Divorce Based on 6 Months of Separation?

No, your husband cannot file for divorce solely on the ground that you both have been living separately for the past six months. Separation for six months does not automatically qualify as a valid ground for divorce under Indian law.

Legal Recourse Available to You

Since you wish to continue the marriage, you can file a petition for restitution of conjugal rights under Section 9 Hindu Marriage Act 1955�in the Family Court. If the court rules in your favor, your husband will be legally required to resume marital life with you.

Understanding Section 9 of the Hindu Marriage Act

Restitution of Conjugal Rights:

• If either spouse withdraws from the other's society without reasonable cause, the aggrieved party may approach the district court for restitution of conjugal rights.
• If the court finds the petition valid, it may issue a decree directing the spouse to return to the marriage.

Additionally, the burden of proof lies on the withdrawing spouse (your husband, in this case) to establish a reasonable excuse for separation.

Alternative Legal Actions

If your husband refuses to comply, you may consider other legal options, such as:

1. Filing a complaint with the Women?s Cell for mediation and intervention.
2. Exploring other legal remedies, depending on the circumstances.

We recommend pursuing restitution of conjugal rights first and resorting to legal complaints only if reconciliation efforts fail.