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satnam singh (job less)     26 November 2010

how much sepration duration is need for file 13.

my wife and me are living seprate from more that 1-1/2 yr. how much time is required for filing u/s 13.



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 4 Replies

Adv Archana Deshmukh (Practicing Advocate)     26 November 2010

A petition for divorce can be filed after one year of marriage.


(Guest)

If you are filling the case in HMA and the cause is Desertion. The Time Period for continiuos desertion is 2years. You will also have to prove that the desertion is will full and you did not forced your wife out of the matrimonial home.

It is better to try for a reconcillation & Reunion. If divorce is inevitable then go for 13-B a Mutual. It will be better, faster and smoother.

Santhosh (Manager)     29 November 2010

If your wife is willing for a mutual divorce, 13B is the best.

Adv B.B.Gambhir #9814820602 (advocate)     29 November 2010

if divorce by mutual consent under section 13 B seeks then one year sepration is required. if divorce petition under section 13 without mutual consent is seeking then two year sepration is required. as per the provisions of Hindu Marriage Act 1956. the onus of sepration is upon that person who is taking this plea.


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