Separation for 3 years so what rules for divorce.
Atish
(Querist) 05 August 2014
This query is : Resolved
Hello Respected Advocates,
Husband and wife are staying separately for more than three years. Husband is out of India but marriage had taken place in 1997 in Mumbai as per Hindu marriage act. Does the Family Court laws say that if separation is for more than 3 years then the divorce could be automatically be granted? Is there that 6 month period still existing along with counselling after filing a divorce petition after separation of more than 3 years?
Regards
Atish.
ajay sethi
(Expert) 05 August 2014
1) there is no such law that merely because husband and wife are staying separately for 3 years divorce would automatically be granted
2) you can file petition for divorce by mutual consent . 6 months cooling period is must . it can only be waived by SC
Rajendra K Goyal
(Expert) 06 August 2014
Staying separate does not automatically entitles divorce. File Mutual Consent divorce, six months cooling period is must.
Atish
(Querist) 06 August 2014
Dear Respected Advocates,
I thank you all with my heart to have extended your help by replying to my query. It has helped someone who will shower her blessings to all.
Regards
Atish
T. Kalaiselvan, Advocate
(Expert) 09 August 2014
Yes as rightly opined, staying separately for more than three years or more will not entail a divorce automatically, if a contested divorce case is filed on the grounds or desertion and non-cohabitation, it will also go around dragging the case for years, instead better file a MCD proceedings, which will be decided n a matter of 6 months.
V R SHROFF
(Expert) 09 August 2014
File MCD, wait for 6 months.
Guest
(Expert) 09 August 2014
Well advised.
