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Living separately after marriage can they file for divorce


22-Dec-2023 (In Divorce Law)
my partner & I want to get married we are of Hindu religion we are in relation for last 6 years as he was forcefully married by his family under pressure to another girl.as they are staying seprate after after marriage year 2013 till date they are staying separate & they didnot stay together for a single day.girl is not ready to gave divorce. so pls suggest way to get divorce or any legal way to get us married. my partner had tried to convince them for divorce but they are not giving.
Answers (5)

Answer #1
954 votes
If the lady is not ready to give divorce then you have to wait for a period of 7 years according to Hindu marriage act the husband and wife if not living together for more than 7 year the marriage becomes null and voide. Your partner can file a divorce case also on the same ground of not living together and having no physical intimacy .
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Answer #2
826 votes
Firstly your question is not complete one. If husband and wife lived seperately from 2013 then he simply send a notice to his wife for what he want after receiving reply of wife then husband can take action otherwise he can file a suit u/s 13(i-a) (i-b) on the ground of cruelty and desertion.
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Advocate Sushama Mohan

Adv. Sushama Mohan

LawRato Nagpur | 100+ Answers
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Answer #3
852 votes
Dear client he have to take divorce from court. If u both married without divorce then his wife can file case of bigamy against both of u. And u both will jail for five years. He can file divorce on the ground of desertion. For any legal help call me Adv Prasad Patil Pune
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Answer #4
745 votes
The husband can file for Divorce on the ground that there are irreconciliable differences between the two and therefore they have been living seperately for more than 3 years now. The entire procedure of getting divorce can range anywhere between a 1-2 years. And no you can't get legally married before they are divorced.
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Advocate Aniket Dabadghao

Adv. Aniket Dabadghao

LawRatoNagpur | 25+ Answers
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Answer #5
575 votes
Hi In this case your partner needs to file divorce petition before the court. The matter will be decided by contesting on merits then he can get divorce and after appeal period is over you can marry him
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Advocate Rohit Shaligram

Adv. Rohit Shaligram

LawRatoPune | 5+ Answers
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