Mutual divorce
sinha
(Querist) 02 September 2012
This query is : Resolved
i am married for 8 yrs . Having no wedlock . we staying together under one roof in my quarter . But we are not living like husband and wife for the last 1.8 years . can we apply for mutual divorce , though we are living in the same flat ?
and also tell whether the 6 months waiting time is applicable for us , even though we are living together for 1.8 months ??
Kindly show me the true picture urgently ..
ajay sethi
(Expert) 02 September 2012
Under Section 13B of the Hindu Marriage Act, a husband and wife can file a mutual divorce only when they have lived apart for at least a year. The couple must jointly mention about their inability to continue the marital relationship due to some unavoidable circumstances. Both the prties must agree to dissolve the marriage.
. The six months time span is provided to the couple so that they get the time to reconsider their marriage.
sinha
(Querist) 02 September 2012
kindly reply specifically , whether staying together under one roof in my flat , but are not living like husband and wife for the last 1.8 years , will be considered as staying separetely ??.
Adv.R.P.Chugh
(Expert) 02 September 2012
Yes it would be considered living seperately. The section does not stipulate PHYSICAL SEPARATION. if a couple has lived together in the same room but not as husband and wife (i.e no cohabitation) they can file Mutual Consent. In this regard see :
The expression ‘living separately’ here does not necessarily connote living separately under two roofs or living separate or apart. It means ‘not living together as husband and wife.’ [Reliance in this regard is placed on Sureshta Devi vs. Om Prakash (AIR 1992 SC 1904)]
ajay sethi
(Expert) 02 September 2012
The Hon'ble Supreme Court in SureshtaDevi v. Om Prakash, AIR 1992 SC 1904 has given the interpretation of expression "living separately" as following-
" Not living like husband and wife.It has no reference to the place of living.The parties may be living together in different houses and yet they could live as husband and wife .What seems to be necessary is that they have no desire to perform marital obligations and with that attitude they have been living separately for a period of one year immediately preceding the presentation of the petition."
R.K Nanda
(Expert) 02 September 2012
Yes, u can file MCD.
sinha
(Querist) 08 October 2012
well I have a peculiar situation , that my wife is always threatening me that she will suicide , if i do not do according to her . moreover her mother also died in 2007 by suicide . since i am in govt service , i have always fear that some if something like that happens , i will be imprisoned .under such circumstances , it will have much damage to my service( i may even suspended).I will also has to face harresment,
kindly tell me , whether any instrument is there , so that i can safeguard my self of such unforeseen event . kindly resolve my problem with best provision available in Act.
ajay sethi
(Expert) 08 October 2012
consult a psychiatrist . let him give a written opinion about her mental health . it will help you in case she attempts to commit sucide . see that her treatement is properly donr as per doctor orders
sinha
(Querist) 09 October 2012
she is not willing to consult doctor .
meanwhile , kindly tell me , whether any instrument is there , so that i can safeguard my self of such unforeseen event .
sinha
(Querist) 09 October 2012
i am trying to convince her . but i afraid , if she does in the meantime , i will be in great trouble. please advice me some solution available in ACT ,to safeguard myself from arrest.
V R SHROFF
(Expert) 09 October 2012
"How to safe guard in advance" QUERY OF YOURS WITH SAME PERSON??
IF NO WEDLOCK, WHY DIVORCE??
sinha
(Querist) 09 October 2012
is there ant provision in law , there by i can safeguard myself if any anticipated event , which may occur in future ???
