Separation period prior to filing mutual divorce less than 6 months

615 votes

Dear Client based on your information provided in this query, considering the initial separation period requirements, you might need to adhere to procedural norms and legitimate filling has to be done through proper requirements which has complexity. To support your case, also help you regard the process and in legal ways for which you can connect with us.

Advocate Kalpana Sanap LawRato

921 votes

Hi Need to check details in depth and look for any alternative can be found to resolve this issue Where was it filed and need to the why if is not tenable Feel feee to call as need to check the papers once before any advice is given

Advocate Susmita Jagtap LawRato

558 votes

The court’s decision to dismiss the case after such prolonged proceedings appears to be procedurally unfair and lacks efficiency. Here’s how your case can be addressed: 1. Procedural Lapse by the Court: It was the court's responsibility to examine the validity of the case, including the separation period, at the time of filing. Allowing 15 hearings and a year of proceedings before raising this issue indicates a lapse on the court's part. 2. Doctrine of Substantial Compliance: While the separation period may have been slightly short, the substantial compliance of completing more than a year of separation during the proceedings justifies the continuance of the case. Courts have previously allowed flexibility under similar circumstances. 3. Judicial Precedents: Certain judgments have held that technicalities should not obstruct the delivery of justice, particularly in mutual divorce cases where both parties consent. This argument can be presented to request the court to proceed without dismissal. 4. Alternative Legal Remedies: If the court insists on dismissal, consider appealing the decision to a higher court or filing a fresh case while requesting expedited proceedings to avoid further delays. It’s crucial to assert that fairness and judicial efficiency demand resolution without unnecessary procedural hurdles.

Advocate Kiran Ashok Gangurde LawRato

592 votes

Dear client based on your query, As per Section 13B(2) of the Hindu Marriage Act , 1955 a minimum separation period of 6 months is required before filling a mutual divorce petition. For better understanding enange with us to understand the legal procedures and represent your case .

Advocate Anish Palkar LawRato

671 votes

Well, this is how our legal system is! When actual facts are put forth before the Court, the Court has to act on it as per the applicable laws. The facts would have come to knowledge of the Court right now after happening of 15 Hearings, that, Separtion Period prior to filing of Divorce was less than 6 Months. Hence, Court told you guys to withdraw the Mutual Divorce Proceedings, as you guys does not fall within the eligibility criteria to seek Divorce. In order to get Mutual Divorce, a Couple needs to remain aloof from engaging in any sort of Physical relations for a year either under one roof or by living separately, if you guys cannot prove mutually, that, you guys have not been getting physical with each other since a year, then Court cannot grant you guys Mutual Divorce.

Advocate Pankaj Bajaj LawRato