My wife and I stay in same house but different rooms is it separation

695 votes

When you say file for Divorce, are you referring to a Mutual Consent Divorce? If yes, you can. The meaning of separation of 1 year referred to under Sec 13 B also includes physical separation. If you are referring to a contested Petition, then the grounds will have to be looked at to understand at whether you have a case for Divorce or not.

Advocate Radhika Mehta LawRato

780 votes

As per your query

Firstly, though you both don't have any relationship and are living in different rooms in the same house, this will not be considered as separation in the eyes of law. Secondly since one year has elapsed for your marriage you both are eligible to approach the court seeking divorce.

Advocate Neelkanth Goswami LawRato

923 votes

yes. but you have to show that you are living separately from last so many days. and if both of you are ready to file acase mutually then it will be so easy to file the case. you have to decide whether you want divorce mutually or regularly then we can move further.

Advocate Premchand L Malpani LawRato