Please inform

Dear, Living separately under section 13B connotes not living as a husband and wife, but does not mean living at different places ...parties could be living under same roof but not living as a husband and wife ...... It is called constructive desertion type of a thing .... Kapil Chandna Adv 9899011450

Thanks Mr Chandna.

Section 13 B is Mutual Consent Divorce where living separately for a period of 1 year is a precondition before filing a joint petition for divorce although place of living is not the matter.

I shall be grateful if you could let me know whether a divorce ( contested) petition can be filed under 13(ia) against spouse by living under the same roof and contest. Because in an appeal the opp party has raised an objection that a divorce ( contested) petition can not be filed while living under the same roof and sought quashing of the divorce decree passed by Family Court, 

Kindly clarify please.

Rwgards