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Woman Married for a year- Hindu


24-Jun-2023 (In Divorce Law)
Incase of mutual divorce how many days of seperation is mandated? If the husband and wife are living separately since 5 months but the wife went and stayed with husband for two weeks in between. Can this entire period be also counted as seperation ? How can we proceed further with divorce in this case ?
Answers (5)

Answer #1
646 votes
According to Section 13B it's clearly written that the parties have been living separately for a period of one year or more. Accordingly one year is compulsory. But if the parties agree they can always write down the separation time according to their own wish and apply for mutual divorce. 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
684 votes
Hello Madam/ Sir, please elaborate more as how many years since marriage has it been now the question is in those two weeks did you cohabit as husband-wife or just under same roof please feel free to call us for better assistance and guidance on this issue thanks
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Advocate Preeti Manderna

Adv. Preeti Manderna

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Answer #3
793 votes
We need more details like when did u get married etc ! At times due to exceptional hardship etc court on discretion can waive off the period ! U need to hire expert advocate for your case to guide u properly
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Advocate D. Khan

Adv. D. Khan

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Answer #4
977 votes
Ma’am/Sir, As per Hindu marriage act the separation must be required atleast 1 years. You can connect with us for further information so that will advice you properly. Separation period which is be mutually agreeable clause. Thank you
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Advocate Himanshu Jain

Adv. Himanshu Jain

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Answer #5
690 votes
Hi there First of all, the mutual divorce motions are filed jointly by the husband and wife. It is imperative to note that if both of you want the divorce by mutual consent, the court is not going to get into the actual days of separation between you two, so whatever separation time you decide it will be taken as the gospel truth by the court. Moreover, for filing mutual divorce at least 1 year of separation is mandatory to be shown in the motions. However, the court may waive off the 6 month cooling period between the two motions, if you show the separation to be 1.5 years or more. You may consult me in case you need my assistance.
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

LawRatoDelhi | 700+ Answers
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