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Mutual consent divorce separation


06-Mar-2023 (In Divorce Law)
What is the minimum time a husband and wife should be living seprately before they can file for a mutual divorce. Does mutual divorce has provision to give alimony to wife if she is not working at the time of filing a divorce case.
Answers (3)

Answer #1
876 votes
Dear client for Mutual Consent divorce you both must be separated for more than six months. Yes in Mutual Consent divorce your wife may asked for alimony as she is not working. You both can filed agreed terms in the Mutual Consent divorce. like my profile.
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Answer #2
942 votes
As per the provisions of Hindu Marriage Act both Husband and wife should live separate for minimum period of one year and if petition is by mutual consent then it depends on mutual decision how much alimony to give.
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Answer #3
593 votes
Hello there! there is no such requirement with respect to separation period. you can file mutual consent divorce petition even when you are living together. Secondly, if you are qualified enough to get job, court would not grant you alimony. In case there are chances of differences in standard of living after divorce and you have higher financial burden, the court may grant some amount towards the same
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