What is the minimum period of separation needed to file for divorce

128 votes

In India, the minimum period of separation required between a husband and wife in order to file for divorce varies depending on the grounds for divorce.

For a mutual divorce, which is when both parties agree to the divorce, the minimum period of separation required is one year. Section 13B of the Hindu Marriage Act, 1955 deals with the provision for mutual divorce by husband and wife. It provides for the dissolution of a marriage by a decree of divorce on the ground that the parties have been living separately for a continuous period of not less than one year, and have mutually agreed to dissolve the marriage.

For contested dovorce, which is when one party initiates the divorce and the other does not agree, the minimum period of separation required varies depending on the grounds for divorce. For example, if the grounds for divorce are cruelty or adultery, there is no specific minimum period of separation required. However, for a divorce on the grounds of desertion under Section 13(1)(b) of the Hindu Marriage Act, a spouse may file for divorce if the other spouse has deserted him or her for a continuous period of not less than two years immediately preceding the presentation of the divorce petition.

Additionally , as per Section 14 of the Hindu Marriage Act, 1955 court may refuse to entertain a divorce petition filed within the first year of marriage unless the case is one of exceptional hardship to the petitioner or of exceptional depravity on part of the respondent.

LawRato LawRato

679 votes

For filing mutual divorce it is imporatnt that the husband and wife shall be staying seperately for at least an year and for filing divorce , your marriage should have completed at least one year. In certain circumstances you can file for divorce at any time .

Advocate Shreshth Jain LawRato

762 votes

At least one is required to file a divorce petition before any court of law but there's provision in law it can be presented prior to one if party shown to the court that there is extreme circumstances to recoils the issue

Advocate Akhil Verma LawRato

728 votes

Dear Client,
There is no minimum period of seperation for filing of divorce case.In the contested divorce case only one condition is that u can filed divorce case after 1 year of ur marriage.Dear client for mutual u and Ur wife can filed mutual divorce after one year.Dear client for more clarification u can contact me and I m happy to help u.

Advocate Mudassar Khan LawRato

938 votes

In case of mutual divorce 6 months is necessary period. For second motion 6-18 months needed. But due to the decision taken by the Hon'ble Supreme Court on September 12,2017, Divorce can be granted without the mandatory 18 months period of separation. It is not mandatory but directory in nature. It is based on preponderance of probabilities of there is no possibility for the couple to live together.

Advocate Santosh Pandey LawRato

661 votes

If its mutual it has to be for an year and if contested case for filing case for desertion it should be 3 years of separation and if it is contested case for divorce on cruelty basis then seperation period is not there

Advocate Nupur Sachdeva Singh LawRato

494 votes

Both the husband and wife must agree to the divorce terms and conditions and decide to dissolve their marriage. They then file a joint application with the court. They must have spent at least six months apart before they can appeal for divorce.

Advocate Chikirsha Mohanty LawRato