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CPU (Engineer)     23 October 2013

Divorce in case living separately

presently i m living separately from my husband along with my daughter. wht is the minimum time period to live separately to get divorce? and wht ll be procedure for the same?



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 8 Replies

Prashant Ghai (Advocate) (PrashantGhai.com)     23 October 2013

Are you seeking a Mutual Consent Divorce or Contested Divorce proceeding?

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 October 2013

The divorce procedure in India is still complex and you will have to contest the divorce for several months and is a long drawn legal affair. However, the time and money equired to obtain a divorce can be considerably shortened if the couple seeks divorce by mutual consent.

T. Kalaiselvan, Advocate (Advocate)     23 October 2013

Adv Mr Ramachary has rightly answered you.  If you have decided to divorce your husband what is making you to wait so long.  If you have abandoned your matrimonial house on your own and decided not to return to the matrimonial fold once again for whatever reason and justification you may have, you do not have to wait for any stipulated waiting period for filing the divorce case, you can straight away jump into action.  Prepare the grounds for divorce before thinking about filing a case.

1 Like

CPU (Engineer)     24 October 2013

@ Adv. Prashant Ghai,

 

its contested divorce

CPU (Engineer)     24 October 2013

i still havent recevd answr 2 my query. wht is minimum period of time reqd to live separately, so tht i ll get divorce quickly

NiceManMyself (self)     24 October 2013

CPU - there is nothing like minimum period required to live separately for contested divorce... as others prepare for the grounds and then file it.

If you are asking about how long will it take before getting divorce, If it is MCD, you can get divorce in 6 months... if contested, it may take few years

Prashant Ghai (Advocate) (PrashantGhai.com)     24 October 2013

@CPU

 

There is no "minimum" time per se for living separately before filing a Divorce Petition. One can not file for Divorce within 1 year from the date of marriage.

 

How much time will it take? If I had a Rupee for every time somebody asked this, I would be a Crorepati.

 

Anyways, Divorce by Mutual Consent will get to free within 6 months or so while a Contested Divorce will continue till the time both the parties get tired of litigation.

 

For any detailed query, hire an Advocate already.

T. Kalaiselvan, Advocate (Advocate)     24 October 2013

CPU,

If divorce proceedings have been already filed, the petitioner cannot add new and latest developments to his original pleadings or to the grounds of divorce.  If  you are still planning to file a divorce petition under 'desertion', a minimum period of two years of non-cohabitation is to be established. Hope this answers your query.


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