Legal Question in Criminal Law in India

Separation in Hindu Marriage

My question is:

After how many years of separation (husband or wife) in a hindu marriage is the marriage considered cancelled?

Thank you.


Asked on 2/22/02, 2:35 am

3 Answers from Attorneys

Nirmalkumar Suryawanshi Nirmalkumar Suryawanshi, Advocates

Re: Separation in Hindu Marriage

for seperation one must get decree of Judicial Seperation under Section 10 of Hindu Law.If there is not cohabitation or resumption of marriage, for a period of one year or upwords, you can get your marriage annuled by filing another petion in the court ynder section 13 of the Hindu Marriage Act.Please acknowledge. Nirmalkumar

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Answered on 2/24/02, 8:45 am
Umesh Bhagwat Bhagwat&Co.

Re: Separation in Hindu Marriage

A marriage cannot be dissolved except through a decree of divorce granted by a court.You can file for divorce if either spouse is staying seperately continuously for more than 2 years.

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Answered on 2/22/02, 3:46 am
Mahesh T. Pai M. A. T. Pai & Mahesh T. Pai

Re: Separation in Hindu Marriage

No duration of separation can dissolve a marriage. Except death and dissolution of mariage through a court.

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Answered on 2/23/02, 1:20 pm


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