Law4u - Made in India

How Long Do You Need To Be Separated Before Filing For Divorce In India?

Answer By law4u team

The duration of separation required before filing for divorce in India depends on the type of divorce being sought and the grounds on which the petition is filed. This requirement aims to provide a cooling-off period for reconciliation and ensures that separation is not impulsive or temporary.

Separation Period For Divorce By Mutual Consent

  • Under The Hindu Marriage Act, 1955: Couples must be separated for at least one year before filing a divorce petition under Section 13B. The law also requires that both parties must agree to the divorce and file the petition jointly.
  • Under The Special Marriage Act, 1954: The separation period required is two years before filing for mutual consent divorce.

Separation Period For Contested Divorce

  • Adultery, Cruelty, Or Other Grounds: In cases of contested divorce under Section 13 of the Hindu Marriage Act, no specific period of separation is mandatory. However, the court examines evidence of prolonged conflict or grounds cited for the divorce.
  • Desertion: If filing on the ground of desertion, the petitioner must prove that the other spouse has willfully abandoned the marriage for at least two years.

Reconciliation And Waiver Of Separation Period

  • Cooling-Off Period: For mutual consent divorce, a six-month cooling-off period is mandatory after filing the petition. However, the Supreme Court has ruled that this period can be waived if the court is convinced that reconciliation is not possible and both parties are firm in their decision.
  • Immediate Divorce Grounds: In cases involving cruelty, adultery, or other grave allegations, courts may expedite the process without enforcing a strict separation period.

Legal Provisions

  • Hindu Marriage Act, 1955: Governs divorce for Hindus, Buddhists, Jains, and Sikhs, including provisions for mutual and contested divorce.
  • Special Marriage Act, 1954: Applicable to interfaith and civil marriages, requiring a longer separation period for mutual consent divorce.

Example

If a couple married under the Hindu Marriage Act wishes to file for mutual consent divorce, they must live separately for at least one year. However, if one spouse files for divorce on the grounds of cruelty, the court may not impose a mandatory separation period but will require evidence of cruelty and its impact on the petitioner’s well-being.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Vikas Kumar Gupta

Advocate Vikas Kumar Gupta

Criminal,Civil,Revenue,Wills Trusts,Property,Succession Certificate,

Get Advice
Advocate Sunil Kumar Nishad

Advocate Sunil Kumar Nishad

Anticipatory Bail, Cheque Bounce, Civil, Court Marriage, Criminal, Divorce, GST, Domestic Violence, Family, Revenue, Arbitration, Child Custody, Motor Accident, Tax

Get Advice
Advocate Anuj Yadav

Advocate Anuj Yadav

Anticipatory Bail, Cheque Bounce, Child Custody, Civil, Corporate, Court Marriage, Consumer Court, Customs & Central Excise, Cyber Crime, Criminal, Divorce, Documentation, GST, Domestic Violence, Family, High Court, Labour & Service, Insurance, Motor Accident, Property, Trademark & Copyright, Supreme Court, Revenue, Banking & Finance, R.T.I, Recovery

Get Advice
Advocate Shailendra Singh Thakur

Advocate Shailendra Singh Thakur

Cheque Bounce, Civil, Cyber Crime, Criminal, Family, Domestic Violence, High Court, Divorce, Court Marriage, Consumer Court

Get Advice
Advocate K Pavani Kumari

Advocate K Pavani Kumari

Civil, Cyber Crime, Motor Accident, Criminal, Divorce

Get Advice
Advocate Deepak Raj

Advocate Deepak Raj

Banking & Finance, Cheque Bounce, Divorce, Domestic Violence, High Court, Property, Revenue

Get Advice
Advocate S Ratna Kiran Kumar

Advocate S Ratna Kiran Kumar

Arbitration, Corporate, Court Marriage, Divorce, Cyber Crime, Family, Domestic Violence, High Court, Breach of Contract, Criminal, Civil, Medical Negligence

Get Advice
Advocate Firoj Nayyum Shaikh

Advocate Firoj Nayyum Shaikh

Anticipatory Bail,Cheque Bounce,Civil,Criminal,Divorce,Domestic Violence,Family,Medical Negligence,Motor Accident,Muslim Law,Property,Recovery,Succession Certificate,

Get Advice

Family Law Guides Related Questions

Discover clear and detailed answers to common questions about Family Law Guides. Learn about procedures and more in straightforward language.