Mandatory 1 year separation period prior to mutual divorce petition

Question

Mandatory 1 year separation period prior to mutual divorce petition

25-Oct-2023 (In Divorce Law)

Hi , what is the nature of the mandatory 1 year separation period before filing for mutual divorce for Hindu religion . Does it mandate that both husband and wife are staying in different houses for 1 year or not staying as husband and wife is good enough( in the same house ) ?

Answers (3)

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Advocate Sharada H V LawRato · Accepted Answer · 2017-10-25T10:39:50+05:30

Answer #1

It is mandatory that husband and wife should be residing separate for one year for mutual divorce. If you are not having the husband and wife relationship then you can go for divorce on that ground only.

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Adv. Sharada H V Adv. Sharada H V

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Advocate Rama Chandra Shenoy LawRato · Accepted Answer · 2017-10-25T11:08:59+05:30

Answer #2

Hi... The time of separation is prrscribed in law only to ensure that both of them allready withdrawn from theire marital society. but at the time of filing petition we can mention the different address and 1 year of separation date. Thank you

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Adv. Rama Chandra Shenoy Adv. Rama Chandra Shenoy

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Advocate Roopashree R. A. LawRato · Accepted Answer · 2017-10-25T11:47:07+05:30

Answer #3

One year of separation is mandatory before filing divorce but since its mutual consent both parties can agree and say since one year they are living separately. Staying under the same roof but not living as husband and wife amounts to separation.

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Adv. Roopashree R. A. Adv. Roopashree R. A.

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