Mutual Divorce - we are getting married on Aug 2020 Mutual Divorce - we are getting married on Aug 2020

1 year ago

Sir we are getting married on Aug 2020 ...We are live in same house but in different rooms since One and half years.Can we go through Mutual Consent Divorce.Is there any issues Regarding 1year Seperation,If we both are willing to get Mutual Consent Divorce?

Anik

Responded 1 year ago

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A.Dear Client,

Divorce by Mutual Consent is given under Section 32B. It states that both the husband and wife can together file for mutual divorce upon the ground that they have been living separately for a period of one year or more, and that they have not been able to live together.

Yes you can very much file a joint Petition for Divorce by Mutual Consent irrespective whether you are residing under the same roof or not. It has to be mentioned in the Petition that there is no relation of a husband and wife since more than one year inspite of both of you residing under the same roof.

Thank you so much, I hope this answer helped you.
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Abhimanyu Shandilya

Responded 1 year ago

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A.Dear Client
The latest position on the MCD is that even if the couple is staying in the same house or under the same roof but not as husband and wife then it will be considered as living separated and yes you can file a case on that basis.
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