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Mutual Separation,.............


31-Aug-2025 (In Divorce Law)
Can mutual separation be done without going to court in assam. Is it feasible to do from distance by considering the petition
Answers (5)

Answer #1
808 votes
no. it's not possible. irrespective of your religion you will have to come to court and get a separation decree. it's not blinkit service that you sit at home and get everything in 10 minutes. file a combined petition and approach the respective family court of your district to get the divorce decree.
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Advocate Suman Das

Adv. Suman Das

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Answer #2
824 votes
Did you actually mean “Judicial Separation” when you mentioned “Mutual Separation”? In Indian matrimonial law, there is no provision for “mutual separation.” What the law provides is “Judicial Separation,” which is provided under the Hindu Marriage Act (for Hindus) and the Special Marriage Act. Judicial Separation cannot be filed as a joint or mutual petition. It must be filed by one spouse on specific legal grounds such as cruelty, adultery, desertion, etc. However, if the other spouse agrees, they may choose not to contest the petition. In such cases, the proceedings effectively become consensual, though still legally filed by one party. Please note, the process requires approaching the court, and personal presence of the parties is generally required at the time of filing and during the proceedings.
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Advocate Bibha Boro

Adv. Bibha Boro

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Answer #3
872 votes
mutual separation after marriage is possible through court. otherwise the opposite party may file for restitution of conjugal right petition before the family court. If you are wife and you denied to live with him without reasonable ground you are not entitled to get any maintenance or alimony. And if you are husband then the wife may file maintenance for willful neglecting her.
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Advocate Jubina Begum

Adv. Jubina Begum

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Answer #4
520 votes
for mutual divorce it cannot happen without going to the court. you both will have to be present before the court on the same date and court will ask both the parties about their openion and the case won't take much time for divorce if all the points for the mutual divorce are as per the convenience of both the parties.
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Advocate Tabassum Akhtar Ahmed

Adv. Tabassum Akhtar Ahmed

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Answer #5
765 votes
Generally, going to the court is mandatory since it a a Family matter. However, in certain conditions if you are an NRI, the court may allow Power of Attorney for representing you and signing documents on your behalf. For your testimony, when your attendence is mandatory, the Courts may sometimes allow Testimony through Virtual Conferencing.
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Advocate Arindam Dutta

Adv. Arindam Dutta

LawRatoGuwahati | 25+ Answers
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