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Requirement for mutual divorce


01-May-2023 (In Divorce Law)
I would like to get a clarification on mutual divorce requirement of 1 year. After I got married I was separated from my spouse for 1.5 years due to xyz reason. we started staying together for the first time after 1.5 years. Post staying for 5 -6 months we are feeling it is not working to stay together. can we get the excemption on 1 year separation.
Answers (5)


LawRato

Answer #1
744 votes
Yes…you can always apply for mutual divorce. No judicial officer will be knocking into your house to caught you whether you were living separately or jointly. Also in Sureshta Devi v. Om Prakash it was stated by the SC that “the words living separately connotes not living like husband and wife. It has no reference to the place of living. The parties may live under the same roof and yet they may not be living as husband and wife. The parties should have no desire to perform marital obligations”. 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 #2
809 votes
hi we can help you out in the matter of divorce aa you are willing to file for mutual divorce . in the matter you have mention yes we can get it done so tht you can get divorce on early basis as you are willing.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

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Answer #3
740 votes
If there is exceptional hardship staying together the period can be exempted for second motion. Your have already covered the period of one year of your marriage, subsequently you are out from section 14 of HMA, now u can hire an advocate for mutual divorce at family court ..b in touch
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Advocate D. Khan

Adv. D. Khan

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Answer #4
717 votes
the period of 12months separation is mandatory in law so you can't get exemption from the time period but there can be other things that can be worked out to aid and fasten the procedure for obtaining mutual divorce.
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Advocate Rohan Sharma

Adv. Rohan Sharma

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Answer #5
991 votes
Hi for mutual consent divorce you have to be in agreement for divorce and other terms like Almony or children related issues thereafter u shud have been living separated for 1 year for 1st Motion and after that 6 months for 2nd Motion there are exceptions to it you can discuss with me for details
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Advocate Madhu Tyagi

Adv. Madhu Tyagi

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