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Mutual consent divorce period of separation
21-Jul-2026 (In Divorce Law)
Can we file mutual consent divorce without completion of 1 year of separation ?
Yes, in limited circumstances. Under Section 13B of the Hindu Marriage Act, spouses must ordinarily have lived separately for at least one year before filing a mutual consent divorce. However, in exceptional cases, the Supreme Court has held that this requirement may be relaxed by invoking the High Court's or Supreme Court's constitutional powers in appropriate cases. Family Courts generally cannot waive the one-year separation requirement. Consult a family law advocate to assess whether your case qualifies or whether another legal remedy is appropriate
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Adv. Ravindra Anjaneyulu
Anantapur | 5+ Answers
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A mutual consent Divorce should be filed after one year,not without completion of one year.A mutual consent divorce petition should be filed after the completion of one year,it's mandatory for mutual consent Divorce
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Adv. Chapala Srinivas
Hyderabad | 25+ Answers
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Ordinarily, a petition for mutual consent divorce under Section 13B of the Hindu Marriage Act requires the parties to have lived separately for at least one year before filing. If this statutory requirement is not yet satisfied, the petition is generally not maintainable. However, depending on the facts, other legal remedies may be available. It is advisable to obtain case-specific legal advice before initiating proceedings.
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Adv. Pavani Kumari
Guntur | 400+ Answers
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it's difficult but when we show the supporting evidence for mutual consent divorce then the court may or may not accept this case, it's totally based on showing evidence and representing the case through an advocate
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Adv. Boggarapu Sudeendra Srinivas
Kurnool | 25+ Answers
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