need advice

IN CASE OF MATRIMONIAL DISPUTE: Where a dispute arises between Husband and wife inregard to their marital life then the case may be filed either:

• In the place where marriage was solemnized, or ;

• In the place, where opposite party is residing, or;

• In the place, where Husband and Wife lost resided together, or;

• In the place, where person filing the case is residing, provided that.

Opposite party has not been heard of as alive for the last Seven years, or

Opposite party resides outside the jurisdiction of Hindu Marriage Act 1955.

thank u Mr Vishal

but what about staying together right now  as I think speration is must for 1 year or We can file divorce

Atul Sir, according to S.13 of HMA, the couple should be residing seperately for one year before filing for divorce under mutual consent.

Presumably, you want to live together even after divorce,woth some hidden agenda ? The law requires separate living ,and you should prove this before law to get divorce.

thank u Mr Gabriel but let me clarify at present we r residing together simply I want to say we have same postal address nothing more and there is no chance for doing so after Divorce and we both want the divorce on mutual consent so there will be no issues like child coustody maintaince etc and there is no hidden agenda we simply want seperation.

and pl clarify what Suchitra. S in telling is true wether it means two different address as I already told that we have same postal address and wether this condition is compulsary as such is there is no way out.

pl clarify

First of all, you can file it in M.P. (the place where marriage is solemnized) or Chandigarh.

Next, it is not difficult to arrage two separate addresses.  As it is mutual consent divorce decree and both are appearing in the court, court notice will not go to the address of the party.

Thirdly, separation means physical separation and not geographical separation.  Both husband and wife can live under the same roof but in separate rooms having neither physical nor mental nor emotional relationship with each other.