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My Daughter Separated More Than 10 Years But Yet Not Legally Divorce


25-Aug-2026 (In Divorce Law)
Can filed a case in supreme court for divorce decree on ground of 10 years and more separation or any other ground ?
Answers (5)

Answer #1
752 votes
Yes, in certain cases the supreme court can be approached for grant of divorce in cases involving an extended period of separation. However the case file has to be studied to determine whether the Supreme Courts jurisdiction can be invoked. There have been cases where the Supreme Court has granted divorce to parties who have been litigating for a long period of time and have no hope of reconciliation
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #2
702 votes
A divorce case cannot normally be filed directly in the Supreme Court only on the ground that the parties have been separated for more than 10 years. The divorce petition has to be filed before the appropriate Family Court/District Court on available legal grounds such as cruelty, desertion, etc. Long separation can be an important factor showing that the marriage has completely broken down.
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Advocate Nikhil Karwal

Adv. Nikhil Karwal

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Answer #3
848 votes
10 years’ separation by itself is not a statutory ground for divorce, nor can a fresh divorce petition ordinarily be filed directly before the Supreme Court on that basis. However, the Supreme Court has the power under Article 142 to dissolve a marriage on the ground of irretrievable breakdown, and separation of 6+ years is one of the relevant factors considered. Otherwise, a divorce petition can be filed before the competent Family Court on an available statutory ground such as desertion (2 years), cruelty, etc.
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Advocate Atishaya Kaushal

Adv. Atishaya Kaushal

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Answer #4
972 votes
If there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of desertion. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #5
973 votes
Yes, you can file the divorce case under article 142 of the Indian Constitution on the grounds of Irretrievable Breakdown of Marriage when the separation has exceeded 6 years. You can file a petition before the Supreme Court of India to dissolve your marriage. If you have any other questions feel free to contact me.
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Advocate Ishan Parashar

Adv. Ishan Parashar

LawRatoDelhi | 200+ Answers
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