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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 ) ?
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
Bangalore | 100+ Answers
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How many years separation to be automatically divorced in India?
In India, there is no such thing as an automatic divorce. Even if a couple has lived apart for two years or longer, divorce is only possible through the court. In India, the only way to get an automatic divorce is when the marriage has been annulled. If the marriage is declared null and voided. 17-Jun-2023
Can court reject mutual divorce?
Karnataka High Court: Family Court cannot deny relief to spouses who are living together under the same roof in divorce cases based on mutual agreement. 15-Jun-2023
What is the new rule of mutual divorce?
In India 2023, mutual divorce is a simplified procedure where both parties agree on ending the marriage amiably. Couples must jointly file a mutual divorce petition, which states their separation decision. If the court approves, divorce is granted.
Is it necessary to stay separate in mutual divorce?
Both spouses have to agree on the divorce, and they must both have lived separately for at least 6 months. After the divorce has been finalized, there are restrictions as to what can be done. For example, the couple cannot have contact and they cannot share property.
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 The time of separation is prrscribed in law only to ensure that both of them allready withdrawn from theire marital society.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
Thank you
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Adv. Rama Chandra Shenoy
Bangalore | 400+ Answers
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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.
Staying under the same roof but not living as husband and wife amounts to separation.
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Adv. Roopashree R. A.
Bangalore | 100+ Answers
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