Divorce & Separation Divorce & Separation

5 years ago

What is the minimum period of time to fulfill for granting divorce for couple with no marital status and living away one another

Kishan Dutt Kalaskar

Responded 5 years ago

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A.Dear Sir,

Non consummation of marriage entitles you to get divorce. Supreme Court Says, "Spouses owe rights and duties to each other and in their relationship they must act reasonably."

A petition for divorce under Section 13 (1)(1-a) and (iii) of the HMA on the ground of cruelty as well mental disorder.can be filed by you.

The Court observed, “Undoubtedly, not allowing a spouse for a long time, to have sexual intercourse by his or her partner, without sufficient reason, itself amounts mental cruelty to such spouse. A Bench of Three Judges of this Court in Samar Ghosh Vs. Jaya Ghosh (2007) 4 SCC 511 has enumerated some of the illustrations of mental cruelty.”...
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GANESH SHARMA

Responded 5 years ago

A.2 years
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Ashish K Dongre

Responded 5 years ago

A.Minimum 1 Year separation is must to file divorce for mutual consent. I didn't get what you want to convey by saying no marital status.
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