separation period for divorce

Nitin Mehrotra (Querist) 25 November 2008 This query is : Resolved
please tell me the duration of the period of physical separation among husband and wife which is necessary before filing for divorce.a friend of mine is not living with his wife for last 5 months.neither they talk over phone.they have a child 1 yr old living with his wife.they are married for 1 year.can he file a divorce case as he is not keeping good health and wants to re-marry.

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arunprakaash.m. (Expert) 25 November 2008
No physical separation is necessary ffor filing divorce petition. However after a period of one year from the date of marriage on can file petition for divorce. Before 18 months court won't give divorce.

G. ARAVINTHAN (Expert) 25 November 2008
Minimum one year separation required in case on Hindu Marriage Act

Tribhuwan Pandey (Expert) 25 November 2008
yes minimum one year separation is the requirement for divorce. physical separation may be the ground of divorce.
A divorce petition may file within one year under section 14 of Hindu Marriage Act but it is on special condition.

RAKHI BUDHIRAJA ADVOCATE (Expert) 26 November 2008
minimum one year of separation is the requirement of seeking divorce.
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