Can spouse s stay under same roof but not able to stay with each other
20-Aug-2023 (In Family Law)
Hello, I am writing this mail regarding the MCD. I am living separately from my husband since May 2017. Compatibility and behaviour issues have been arised between us. His behaviour is not good and now I can't survive this relationship. I talked to him regarding this that this marriage is not working and we should agree on MCD, but he is not ready. We were married on Feb 2017 As per we need to stay separate for 1 or more year after marriage. He is not telling this problem in his family, they are expecting me to come on Diwali for 2 days. He will also be there. Will this time be considered as in our separation period of 1 year or again 1 year will be counted after those 2 days when we will be living under same Whatis the meaning of living separately in the case of MCD. Is it physical separation or physical separation is not required means if spouses are living under same roof also but are not at all able to live with each other. I hope you are understanding my question. Please reply .
As per law if you are living separately means physically under one roof that is also consider as separate but that has difference but if you are living separately means some other place. if you stay for one year there after if you join for one day also again if you start separately so that will not continue if you want to know more you can contact me on 9000019343
Hi
Even living in separate rooms is considered separation.
Mutual consent divorce petition is generally filed after 1 year of marriage.
However if both you and your husband agree for Mutual consent divorce, you can file a section 14 petition under HMA requesting leave of appeal to file mutual consent divorce petition.
However courts will grant you divorce only after the 1st anniversary of the wedding(subject to both the parties repeating that they want Mutual consent divorce in the court hearing that will be scheduled soon after the 1st anniversary.
Even living in separate rooms is considered separation.
Mutual consent divorce petition is generally filed after 1 year of marriage.
However if both you and your husband agree for Mutual consent divorce, you can file a section 14 petition under HMA requesting leave of appeal to file mutual consent divorce petition.
However courts will grant you divorce only after the 1st anniversary of the wedding(subject to both the parties repeating that they want Mutual consent divorce in the court hearing that will be scheduled soon after the 1st anniversary.
Dear Madam,
You both should mention in the MCD petition that you both are living separately from May 2017 if you are filing for MCD in May 2018 or if you can't wait till May 2018, you can file the MCD in March 2018 saying you both are living separately from March 2017 right after the marriage due to incompatibility. Couple can live under the same roof but can stay separately. The court will not inquire much into your submissions regarding your separation period as it is MCD. What is important for the court is that 1 year must have been elapsed since your separation and the court will look into the time period only.
You both should mention in the MCD petition that you both are living separately from May 2017 if you are filing for MCD in May 2018 or if you can't wait till May 2018, you can file the MCD in March 2018 saying you both are living separately from March 2017 right after the marriage due to incompatibility. Couple can live under the same roof but can stay separately. The court will not inquire much into your submissions regarding your separation period as it is MCD. What is important for the court is that 1 year must have been elapsed since your separation and the court will look into the time period only.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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