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(Guest)

Seperation

Need some advice I and my wife are living seperately for last 3 months and there being no communication between us we got married six months before. All efforts made by me to bring her back have failed as we cannot apply for seperation before a court before a year of marriage would like suggestion what is the legal course that can be resorted to ...and once its a year after marriage what will be the procedure to apply for seperation as we had hardly been together for 3 months.



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 4 Replies

Pankaj Mehta (Advocate)     02 May 2010

mr.mithilesh,

before ccompletion of one year of your marriage, you can not avail remedy of divorce, after that there is a option for both of u to file a application u/s 13 b of hindu marriage act for divorce by mutual consent, in this remedy a statuary time limit of six months is to be followed and after that court can grant decree of divorce to both of u, though many precedents have been cited about this waiting period and it has been held that this provision is not mandatory but directory in nature, it depends upon the presiding officer in my opinion,

if it is a contested divorce then you can file a divorce petition on grounds of desertion after expiry of two years, you can also file petition based on the grounds of cruelity if you were being treated wrong

At present no instant remedy is available to you, beware of your wife as she can file many false litigations against you if situation is more critical, so try to convience her for filing a petition u/s 13 b as described above.

tufail qadri (advocate)     02 May 2010

mr.mithilesh,

my advice will b something contrary to what my learned brother Mr. pankaj has said. since as per your own saying that u hav tried to get your wife back....but she has not agreed on one pretext or other.....u better serve her a legal notice to resume conjugal rights or directly institute a suit/ case in court of law seeking restoration of conjugal rights.......

there must be some misunderstanding between u two....so its better to try to save the marriage, and u seem to be wiling to do that.

rest i agree with mr. pankaj regarding the mode of divorce or course to be adopted for seeking the same.

hope

G. ARAVINTHAN (Legal Consultant / Solicitor)     03 May 2010

.Tufail's idea will be right if you want your wife back to you. But in case if you want divorce , you need to file divorce application after one year of completion of marriage

(Guest)

Mr Tufail,

 

I need some details what is the procedure for filing application for restoration of conjugal rights and would it help If the other side is unwilling to be back.


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