Separation of 1 yr, to apply for mcd ?
Pulak Pravat
(Querist) 04 June 2013
This query is : Resolved
Residential separation of one year(separate address for both) is required to apply for mutual divorce(MCD) ?
We are staying in separate rooms (same house) for 6 years and we don't have conjugal relation for about three years.
I intend to stay until May 2014 (my daughters class X exam).
Can I go for MCD now (which will reduce the required time) ?
Thank you.
V R SHROFF
(Expert) 04 June 2013
Living separate is not separate in separate home, but separate in relationship. Desertion can be under the same roof.
And Even the spouse in living separate country for 10 years, it is not desertion.
Separation is state of mind, and not distance, or home.
Pulak Pravat
(Querist) 04 June 2013
Thanks Mr. SHROFF for explaining the term Separation so clearly. Thanks to Mr. Qureshi too.
My problem is that, I am not finding a lawyer in Kolkata, who has the same views. I have already visited 3 lawyers and talked to another 5; every one mis-guide me saying that 'you must stay separately (with different address) for at least one year, before applying for divorce. Can you help me finding a lawyer in Kolkata, who can take my case... described in http://www.lawyersclubindia.com/experts/Divorce-separation-agreement--397261.asp#.Ua3rSc5_3dE
Pulak Pravat
(Querist) 04 June 2013
My problem is that, I am not finding a lawyer in Kolkata, who has the same views. I have already visited 3 lawyers and talked to another 5; every one mis-guide me saying that 'you must stay separately (with different address) for at least one year, before applying for divorce. Can you help me finding a lawyer in Kolkata, who can take my case... described in http://www.lawyersclubindia.com/experts/Divorce-separation-agreement--397261.asp#.Ua3rSc5_3dE
Khaleel Ahmed Mohammed
(Expert) 04 June 2013
You are advised to file restitution of conjugal rights, later you can file Divorce Petition. If your wife ready to give consent for divorce, you both can file MCD.
Pulak Pravat
(Querist) 04 June 2013
Thanks Mr. Ahmed. Could you kindly explain it better ? I am not that conversant with these terms...
Raj Kumar Makkad
(Expert) 04 June 2013
If there are no conjugal relationship since last 6 years and you are living separate since last 1 year then the condition for MCD is fulfilled. Go for it.
