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Living separately for more than 8 years, Is this marriage can be nullified???

(Querist) 12 February 2008 This query is : Resolved 

Hi All,

I was married in 1996 (church marriage) and living separately for more than 8 years (since our child’s birth) with out any legal separation.

Can this marriage is nullified after 8 years of separation?
Still do we need to apply for the divorce?
If, so on what grounds I can apply to divorce?
How long this process will take?

Our child never knows his father accept few pictures took at one of our relatives place with out my knowledge when the boy was around one and half or two years. In this case what are the chances of giving the custody to father? (If at all he apples for the child)

Your advice will be highly appreciated.
With regards
anupam_advocate (Expert) 13 February 2008
you can file divorce in local family court on the ground of deseration and mental cruelty
SANJAY DIXIT (Expert) 14 February 2008
There are various grounds given in the Act. As the marriage was performed at church, you will be governed by Indian Divorce act. By living seperately for 8 years, marriage cannot be nullified automatically. You may approach for divorce on the ground of desertion. The process will take its own time, as it depends upon the concerning court and varies court to court.
If the father applies for the custody of minor child, you may contest the same for the welfare of child. Since now the child is approx. 7-8 years old, his statement will be valuable.
Srinivas.B.S.S.T (Expert) 18 June 2008
living separately cannot nullify your marriage but is a valid ground for dessertion
Adv.Shine Thomas (Expert) 14 October 2008
I agree with all of my friends.
Y V Vishweshwar Rao (Expert) 06 May 2009
I agree with learned friends

recently there are some judgments on divorce -separatly living for a long time and there is no possibility of settlement - broken marriage - dovirce
Sachin Bhatia (Expert) 11 October 2009
File divorce in local family court on the ground of deseration and mental cruelty.
V R SHROFF (Expert) 25 February 2012
Petition for divorce in District Court or Family Court as the case be filed under Indian Divorce act on the ground of deseration and cruelty.
Sudhir Kumar, Advocate (Expert) 26 June 2017
marriage is not nulified merely for remaining away for last 80 yeas.

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