Admissible duration of seperation for couple to get divorce

Dear Quriest, you can file an divorce petition on the basis of cruelty..leaving metrimonial home or the company of the husband without sufficient cause it is also a cruelty by the hand of  wife .

Regards

Jaspal S Maini

9999987283

No waiting period of 1 year required for filling petition for divorce on the ground of cruelty by either party to marriage.

However, if both parties agree for divorce by mutual consent, than period of 1 year of separation required before filling for joint petition for divorce by mutual consent.

The separation of 1 year need not be that both parties started living at different places/houses it can be even if they are living in the same place/house, by words living separatly it means, is not living in husband and wife relationship.The marriage took place in 2013 and divorce by mutual consent by both can be jointly filled even now although the wife moved out of the matrimonial home 3 months back.

Please refer earlier LCI bullatin, where 6 months cooling, waiting period for divorce under Hindu Law is not mandatory now, dated 12.09.2017; Apex Court; Supreme Court of India, on the ground of mutual consent.

Case: Amardeep Singh...Appellant V/s Harveen Kaur---Respondent 

Civikl Appeal NO.11158 /2017 ( Arising out of Special Leave Petition (Civil) No.20184/2017 

J. Adarsh Kumar Goel

J. Uday umesh Lalit