Legal Question in Family Law in India

Miss

U/s 13(B) of Hindu Marriage Act, you can file Mutual Consent Divorce, for which you need One Year of Separation Period. In consent divorce proceedings, you can state on Affidavit,that you were living separately, from your husband and that there was no conjugal relationship between husband wife. This will be sufficient proof. Remember, Living Separately do not mean living separately in separate houses.

There is a Supreme Court Judgment, where the Hon'ble Apex Court after analyzing the provisions of "living separately" held that living separately means that the parties have not been living like husband and wife irrespective of their place of residence. Hon'ble Apex Court further held that Parties may be living separately under the same roof and on the other hand they could be living as husband and wife even though living at different houses. So, the mental state and relationship of parties have to be appreciated to hold that the parties were living separately.

So living separately in same house, is also sufficient. However, the Court would not normally fall in to such issues. So you can go ahead and file Mutual Consent Divorce Petition.

Good Luck

Regards

Vivek N Mapara

vnmlaws.com

dear client u both can mention different address in petition and can say in court that from last one year u both r residing separately on these address. for any legal help call me

Adv prasad patil

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