Mutual consent divorce

Narayan Saraf (Querist) 20 October 2011 This query is : Resolved
i read in act that no petition can be filed for divorce with mutual consent till couple live apart for atleast one year or more... same was advised by many experts on this forums..but my lawyer is saying that it is not necessary...you both can file joint petition for divorce after 1 year completion of marriage & that will be regarded as 1st motion and after six months 2nd motion will be passed...is it so or he is misguiding...our marriage took on march,11 & we are living seprately from september,11.. plz advise

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kuldeep kumar (Expert) 20 October 2011
he is right

Shonee Kapoor (Expert) 20 October 2011
No he is not right. He intend you to say that you never had any cohabitation since marriage.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

ajay sethi (Expert) 20 October 2011
you are separated for only 6 months . you ahve to stay separate for one year

kuldeep kumar (Expert) 20 October 2011
you both can file joint petition for divorce after 1 year completion of marriage & that will be regarded as 1st motion and after six months 2nd motion will be passed..

M.Sheik Mohammed Ali (Expert) 20 October 2011
yes, i do agree experts query reply

Guest (Expert) 20 October 2011
yes you can file the petition only after completion of one year marriage and you can write about separation that you were cohabited as husband and wife for such period and after that we are living separate so your separation period must be of one year it is necessary

niranjan (Expert) 20 October 2011
living separate for one year is mandatory as per sec.13B(1) of HMAct and six months waiting period for second motion.