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What is the minimum separation period for divorce in India?
29-May-2024 (In Divorce Law)
Mutual consent divorce requires the spouses to have been living separately for one year before filing (Section 13B(1), Hindu Marriage Act). 'cite'turn3search4-[https://sooperkanoon.com/act/50935/hindu-marriage-act-1955-complete-act] Section 13B(2) prescribes a six'month interval between the first petition and the motion but the Supreme Court in Amardeep Singh v. Harveen Kaur (2017) held that the six'month cooling period is directory and may be waived in appropriate/exceptional cases. 'cite'turn3search4'turn4search4-[https://sooperkanoon.com/act/50935/hindu-marriage-act-1955-complete-act] [https://indiankanoon.org/doc/79830357/] For contested divorce there is a general bar on presenting a petition within one year of marriage (Section 14) though the court may grant leave for exceptional hardship; specific contested grounds carry statutory periods (for example, desertion requires continuous two years and "not heard of" requires seven years under Section 13). 'cite'turn3search0'turn3search4-[https://sooperkanoon.com/act/8814/hindu-marriage-act-1955-chapter-4] [https://sooperkanoon.com/act/50935/hindu-marriage-act-1955-complete-act]
In India, the minimum separation period for divorce depends on the type of divorce and the grounds for filing.
- For a mutual divorce, where both husband and wife agree to divorce, the minimum period of separation required is one year. According to Section 13B of the Hindu Marriage Act, 1955, both parties must have been living separately for at least one year and must mutually agree to dissolve the marriage.
- For a contested divorce, where one party files for divorce and the other does not agree, the separation period depends on the reason for the divorce:
- If the grounds for divorce are cruelty or adultery, there is no specific minimum separation period required.
- If the reason is desertion, under Section 13(1)(b) of the Hindu Marriage Act, the spouse can file for divorce if the other spouse has deserted them for a continuous period of at least two years.
- Additional rule: According to Section 14 of the Hindu Marriage Act, 1955, the court may not entertain a divorce petition if it is filed within the first year of marriage, unless there are special circumstances such as exceptional hardship for the petitioner or serious misbehavior by the other spouse.
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There is no specific minimum separation period required to file for divorce. In a contested divorce, the only condition is that you can file for divorce after one year of marriage. For a mutual divorce, both you and your wife can file after one year of separation.
For further clarification, feel free to contact me. I’m happy to assist you.
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