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.
8 Answers from Attorneys
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.
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.
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
Re: Divorce on account of long separation
it will not be automatic but that is a very good ground and may take lesser time.
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Re: Divorce on account of long separation
it will not be automatic but you can file for divoce on that ground
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!
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
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.