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Kumar...... (occupation )     20 October 2017

Admissible duration of seperation for couple to get divorce

what is the admissible duration of seperation for couple to get divorce ? my wife is not ready to come back home and she is away from the house for the last 3 months. we are married in 2013. to file divorce has she got to wait for an year ?


 4 Replies

Jaspal singh (practicing lawyer)     21 October 2017

Dear Quriest, you can file an divorce petition on the basis of cruelty..leaving metrimonial home or the company of the husband without sufficient cause it is also a cruelty by the hand of  wife .


Jaspal S Maini


Vijay Raj Mahajan (Advocate)     21 October 2017

No waiting period of 1 year required for filling petition for divorce on the ground of cruelty by either party to marriage.

However, if both parties agree for divorce by mutual consent, than period of 1 year of separation required before filling for joint petition for divorce by mutual consent.

The separation of 1 year need not be that both parties started living at different places/houses it can be even if they are living in the same place/house, by words living separatly it means, is not living in husband and wife relationship.The marriage took place in 2013 and divorce by mutual consent by both can be jointly filled even now although the wife moved out of the matrimonial home 3 months back.

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     21 October 2017

in mutual consent divorce the separation of one year is mandatory.

but as desertion it should be two years continuously

surendra prakash agrawal (advocate)     22 October 2017

Please refer earlier LCI bullatin, where 6 months cooling, waiting period for divorce under Hindu Law is not mandatory now, dated 12.09.2017; Apex Court; Supreme Court of India, on the ground of mutual consent.

Case: Amardeep Singh...Appellant V/s Harveen Kaur---Respondent 

Civikl Appeal NO.11158 /2017 ( Arising out of Special Leave Petition (Civil) No.20184/2017 

J. Adarsh Kumar Goel

J. Uday umesh Lalit


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