Legal Question in Family Law in India

Divorce on account of long separation

After living separately for 7 yrs (married for 6 yrs...hindu marriage) can divorce be granted automatically if husband files a case and wife is not ready for same (as mutual consent not possible)? How much time will it take? No issues frm this marriage.


Asked on 8/17/07, 4:00 am

8 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Divorce on account of long separation

living separately in itself is no ground for divorce; the law also requires reasons for separate living; who deserted whome; if you are living separately against wishes of your spouse, you can not take benefit of your own wrong and will not be entitled to divorce irrespective of number of years of separation.

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Answered on 8/18/07, 5:33 am
Prabhat Shroff Shroff & Company

Re: Divorce on account of long separation

Yes, divorce will be easier; however, even though "seperation" or "dessertion" is a good ground, the divorce is not automatic. You have to file an application, whereafter court formalities have to be completed, which takes along time. It may take about 18 months to get a divorce decree.

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Answered on 8/17/07, 4:15 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Divorce on account of long separation

it takes around 18 months to get divorce and yes definately divorce is easier in cases like this but it wont be automatic as you have to complete the formalities legally

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Answered on 8/17/07, 5:10 am
G. M. Gupta gmguptaandassociates

Re: Divorce on account of long separation

it will not be automatic but that is a very good ground and may take lesser time.

for further and detailed advice please contact in person. Consultation charges will apply

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Answered on 8/17/07, 9:22 am
Nandita Haldipur Haldipur Associates

Re: Divorce on account of long separation

it will not be automatic but you can file for divoce on that ground

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Answered on 8/17/07, 10:27 am
kavitha balakrishnan kpp associates

Re: Divorce on account of long separation

you can file a separate petition for divorce. ... long separation would be an valid ground!

best of luck!

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Answered on 8/22/07, 2:42 am
rajeshwar sharma rajeshwarnathsharma

Re: Divorce on account of long separation

No divorce can be granted automatically. You have to file divorce case by invoking provisions of law. For furhter query contact me

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Answered on 8/17/07, 12:12 pm

Re: Divorce on account of long separation

Law does not prescribe any automatic divorce.Your marriage is dead marriage and has broken down irretrivably.go and file the divorce.Time for divorce depend on the fact that how the opposite party react.Contact with details in case of need.Professional charges shall apply.

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Answered on 8/17/07, 12:51 pm


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