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Process for filing divorce if both are staying under same roof


14-Jun-2023 (In Divorce Law)
Hi,n Myself and my my wife are planning to file a mutual consent divorce. However, we are living under the same roof, due to certain financial constraints.Can you please guide us as to what would be the process then?nnThanks,nRuchit
Answers (3)

Answer #1
957 votes
you can still file the petition for mutual consent divorce even if staying under the same roof due to financial constraints. The process is similar to regular filing but the petition has to be worded accordingly .
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Advocate Mukesh Vasant Shinde

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Answer #2
933 votes
Section 13 in The Hindu Marriage Act, 1955. 13 Divorce. — (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party
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Advocate Ashwini Deshmukh Salunkhe

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Answer #3
712 votes
Well, you can seek Divorce after time period of seperation of one year has been passed between the two of you by not having sex with each other. This is the first eligibility criteria to seek a Mutual Divorce.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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